Arrest is a method of deprivation of liberty that is used in a precautionary, emergency way to comply with certain acts or as a punitive sanction. Detention is a personal precautionary measure that is treated in the temporary deprivation of liberty ordered by a competent authority.
This is a method of deprivation of liberty that is contemplated in the laws and has different objectives:
- Preventive measure of personnel within a criminal process.
- Measure of urgency for the fulfillment of certain acts.
- punitive sanction.
The arrest is carried out by the police or by persons acting under the order of the law or the State with the aim of taking a person into custody and making them available to respond to the accusation of a crime.
To arrest a person it is not necessary to handcuff or immobilize him, nor is it necessary to leave him in custody in official premises.
It is a personal preventive method that is treated in the temporary deprivation of liberty ordered by a competent authority. Its objective is to bring a person before a judge.
Among the aspects that can lead to an arrest are having committed a crime or being suspected of it, having escaped while in custody or in preventive detention, having broken a sentence or because otherwise, the judicial appearance would have been delayed. or difficult. Certain limits and legal requirements must be met to make an arrest.
Detention is a temporary case that ends with the detainee being brought before a judge or released after the maximum term of detention accredited by law, since there is no judicial decision that accepts deprivation. of freedom.
Difference Between Arrest and Detention
- Detention is a preventive method that consists of temporarily depriving a person of liberty and is carried out by a competent authority.
- An arrest is made when the authority suspects or knows that a person has committed a crime or is about to commit a crime.
- The arrest is a coercive action that is ordered by a judge. It means that the person is attacked for having committed an illegal act and his right to freedom is null.
- An arrest requires sufficient evidence to establish the defendant’s responsibility for a crime.
- A detention is temporary, generally, the time of detention does not go beyond 48 hours.
- The arrest can be temporary, in order to be released some people pay a bond and continue with the judicial process while they are free.