Freedom during proceedings is the rule; pretrial detention is the exception. This is established by the National Constitution (art. 18), the American Convention on Human Rights (art. 7), and the doctrine of the Supreme Court (Bayarri, Loyo Fraire, Albarenque). In practice, however, pretrial detention is often applied without the rigor that case law demands.
We handle all modalities: release on bail (sworn, personal, or real), exemption from imprisonment, substitution of pretrial detention by alternative measures (house arrest, electronic monitoring, periodic check-ins), release for lack of merit, and extraordinary releases.
When no detention has occurred but a charge that could lead to one is anticipated, the accused may request a preventive exemption (art. 316 CPPN). This allows the judge to rule on freedom before any actual deprivation occurs.
When detention or prosecution with pretrial detention already exists, a request for pretrial release is filed (art. 317 CPPN). It is granted when the maximum sentence for the offense is under 8 years, when the computation allows suspension of enforcement, or when there is no risk of flight or interference with the investigation.
When the evidence gathered is insufficient to prosecute (art. 309 CPPN), a lack-of-merit ruling is issued and release is ordered. The case may continue, but without pretrial detention.
Law 24.660 and art. 32 of the Penal Code provide for house arrest for persons over 70 years of age, terminally ill individuals, pregnant women or mothers of children under 5, and other special cases. We handle substitution proceedings where applicable.
Electronic bracelets and ankle monitors allow coercive measures to be served with freedom of movement. This is an increasingly used tool to replace pretrial detention.
Law 24.390 sets maximum terms for pretrial detention (in principle 2 years, extendable by 1 more year). Once those terms expire, termination of the measure is due (CSJN Bramajo, Estévez).
Is pretrial release available for any offense?
No. There are offenses that case law considers difficult to obtain release for (aggravated homicide, certain sexual offenses). In all cases, however, the concrete risk and the accused's personal circumstances are assessed.
How long can I be held in pretrial detention?
The reasonable term is 2 years, extendable to 3. Beyond that, termination is due under Law 24.390 and the Supreme Court's doctrine.
What is bail?
It is a guarantee that the accused will appear for court hearings. It may be sworn bail (a commitment under oath), personal bail (with a guarantor), or real bail (a sum of money or an asset).
If pretrial release is denied, can I apply again?
Yes. A new application may be filed when circumstances change: progress in the case, new evidence, or a change in personal circumstances.
Can I serve pretrial detention under house arrest if I am elderly?
For persons aged 70 or over, the law provides for house arrest as the rule, unless there is an extraordinary risk that justifies otherwise.