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In the field of criminal law, the terms “detention” and “arrest” are often used interchangeably, but in reality they refer to different situations and contexts. It is important to know these differences in order to understand your rights and the actions of the security forces.
Detention
Detention is a precautionary measure that temporarily deprives a person of their liberty when there are well-founded suspicions that they have committed a crime or that they may be involved in its commission. Detention has a limited duration and is subject to a series of legal guarantees to protect the rights of the detainee.
Main characteristics of detention:
Precautionary nature: Detention does not presuppose the guilt of the person, but rather aims to ensure their presence during the investigation and trial, as well as to prevent the destruction of evidence or the escape of the suspect.
Limited duration: Detention cannot last indefinitely. The legislation establishes a maximum period of 72 hours, within which the detainee must be brought before a court or released.
Legal guarantees: The detainee has a series of rights recognized by the Constitution and the law, such as the right to be informed of the reasons for his arrest, not to testify against himself, to the assistance of a lawyer and to communicate with a relative or trusted person.
Arrest
Arrest, on the other hand, is a custodial sentence that is imposed as a result of a criminal conviction. Unlike detention, arrest presupposes a declaration of guilt by a court.
Main characteristics of arrest:
Punitive nature: Arrest is a sentence that is served after a final conviction and is intended to punish the guilty party for the crime committed.
Variable duration: The duration of arrest depends on the seriousness of the crime and the sentence imposed by the court.
Execution: The arrest is served in a prison or, in some cases, under house arrest.
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