Detention pending trial

The detention pending trial (or preventive according to the countries) is a measurement of detention, generally exceptional, aiming at imprisoning until the end of the lawsuit an defendant.

Criteria of setting in detention pending trial

These criteria are generally similar of a country to another. The law requires for example:

that there are strong indices of culpability
that the freedom of the marked risk to strongly deteriorate public safety
that the freedom of the marked risk to prevent the good progress of the Justice, by its escape, destruction of evidence, of the pressures on the witnesses or the victims…
that the defendant is continued for an offense or crime engraves (generally liable to imprisonment without remission)
that the safety of the defendant is threatened

It is on these criteria that a judge bases itself to place or not an defendant in detention pending trial.

Critical

Detention pending trial is often criticized by the fact that normally, at least in the Démocratie S, an defendant is regarded as innocent as long as he was not considered to be guilty by a Tribunal; however, the fact of imprisoning an defendant can be comparable by the opinion with a declaration of culpability.

In France

See too

Business of Plévin,
European Court of the human rights,
Police custody,
Retained customs.

On the fabric

detention pending trial in certain European countries on the site of the French Senate
summarized of a case under examination at the European Court of the Human rights,
Patrick LINGIBÉ, “detention pending trial: which repair in the event of abuse? ”
'' Be the judge… freedoms and detention '', a setting in situation on the blog of a lawyer French penalist