USE OF THE PRECAUTIONARY MEASURE OF PREVENTIVE DETENTION IN HONDURAS AS A PUNITIVE MEASURE AND NOT AS A MEASURE TO ENSURE THE PRESENCE OF THE ACCUSED IN THE CRIMINAL PROCEEDING

Abstract

The pretrial detention in Honduras, as well as in the rest of Latin America, is applied with discretion and lack of proportionality. The material elements and procedural requirements, crucial for the correct imposition of this precautionary measure, are often overlooked. This is done to prevent further infringement on the rights and guarantees inherent to individuals undergoing criminal proceedings, as well as to reduce the existing overpopulation in national criminal systems and mitigate the dehumanization rooted in Latin American countries. This issue arises from citizen insecurity, advocating for the State to impose harsher sentences on those deprived of liberty and punishing all defendants entering the penal system. The aim is to prevent their escape so that they do not continue committing illicit acts and, in an anticipatory manner, impose the sanction long before proving the guilt or innocence of the defendants.