The precautionary measures are those that are adopted in a proceedings in order to ensure a result future that may occur in it. Its object is to preserve a consequence in advance foreseeable to be carried out during the course of proceedings, and in the field of violence gender, its fundamental purpose is the protection of the Life and integrity of the victim.
Classification of precautionary measures
Personal caution: the measures of coercion at the proceedings penal are acts that limit the freedom of a person with the object to safeguard the application of the lawAmong them we find the following:
- La citation: It is the communication that the judge or the taxation performs a person with the object to appear before them to be notified or to make any other declaration act. 223
- Arrest or conduction: In cases where the person duly summoned does not appear without justified reason. 224, 225
- Prison preventive: La prison preventive It is the deprivation of the freedom of a person, ordered by a judge in order to ensure his or her presence at trial or to avoid obstructing the truth.
- Arrest domiciliary: Is the prohibition of the freedom on his own customer's home o residence en custody of other person or without mass surveillance any or with which Tribunal dispose.
- Monitoring staff: Is the legal obligation to undergo care or mass surveillance of a person o institution determined who will periodically report on the situation of the accused.
- Presentation periodic: Is the legal obligation to appear periodically before the Tribunal y Ministry Public and authority to be designated.
- Electronic locators: Is work by which a tracking device is placed to ensure the location of the indicted and that this does not come close to the victim.
- Impediment output: It is the measure by which the person is prevented from indicted go out of the country or of territorio that fixes the Tribunal, without a authorization preview of the authority competent.
Royal precautionary measures: The measures of coercion Real estate has as a generic foundation the assurance of the result of the trial and avoiding obstruction to the research. And also ensure the paid of fines or of the reparación civil. The request for the fine The request is made by the Ministry Public, for the reparación civil the actor civil.
- El kidnapping: It is the seizure that is carried out with order of the judge or Tribunal of things and documents related to the proceedings, which did not want to be voluntarily handed over by their owners.
- Warranty economic: is the one presented by the accused or another person Through the Deposit de money or others values.
- Mortgage registration: It is the measure by which the mortgage before the preservation of mortgages on unregistered property for the purpose of securing it.
- Embargo: It is a measure precautionary de type economic that is adopted in the course of the proceedings in order to ensure the responsibility heritage of the accused.
Among the precautionary measures that we find in the law 24-97 of violence intrafamilial are:
- Order to refrain from harassing or threatening the victim.
- Order de eviction of the aggressor
- Interdiction of access to the residence of the spouse or former spouse
- Interdiction to alienate, dispose of and hide or transfer goods own of the victim o goods common.
- Order to repair the goods broken or hidden
- Order de internment of the victim in shelters or reception centres.
- La prohibition to hide the children by part of whoever has the guard.
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