The preventive prison as a measure of inoculation in the criminal law of the enemy

Abstract

OBJECTIVE: The purpose of this essay is to highlight the importance of international conventions on human rights, especially the rights of the accused when he is deprived of his liberty because he is considered a public enemy. METHOD: To develop the subject of preventive detention as a measure of Inoculation, the inductive method was used, starting from a particular notion to derive conclusions that is complemented by the deductive method to find valid conclusions of what is the current preventive detention as a measure of Inoculation by South a threat. RESULTS: It is not adequate to the constitutional and conventional standards the application of preventive detention as a mechanism of Inocuation to the accused considered enemy since their right to freedom is not objectively weighed. CONCLUSION: That the judges and magistrates at the time of ‘weighing in their resolutions, preventive detention is applied as a measure of innocuousness to the accused because they consider him a public enemy.