Provisional detention establishes that a subject accused or accused of a crime has to remain in jail while the investigation progresses and the corresponding trial is held.
Provisional is an adjective that refers to that which is carried out or possessed temporarily (that is, not permanent). The term is used as a synonym for provisional . For example: “I made a provisional arrangement so that the leak does not cause inconvenience, but we have to call a specialist for the repair,” “The mayor announced that, provisionally, Francisco Palarroni will occupy the Secretary of Public Works,” “This “The ban is just a provisional measure that will surely be lifted in a few months.”
From this adjective, it is possible to create different concepts that are applied in different areas and contexts. Thus we find notions such as provisional release , which refers to the benefit that a defendant enjoys when he or she does not have to undergo preventive detention.
Provisional prison
At the same time, in certain judicial systems, it is considered that the person prosecuted for a criminal offense must remain in prison preventively to avoid the possibility of escape before being sentenced . For various reasons, however, the defendant can access provisional release, awaiting trial outside of prison.
This is what is known as provisional detention or preventive detention and determines that the person accused or accused of a crime must remain in jail during the criminal investigation and the subsequent trial.
The possibility of escape, as we have mentioned, is one of the reasons why the decision is made to establish provisional detention for a person. However, other causes that lead to the same measure being ordered are that there are notable indications of the person's guilt with respect to the crime charged or that there are risks that the destruction of evidence and other documents that make it clear may be carried out. and patent his guilt. All this without also forgetting that, on other occasions, the measure of detention is taken to prevent it from causing harm to third parties.
Many countries have the possibility of using provisional detention included in their laws and constitutions, as would be the case of Spain or France, among others. However, in some it is considered that it is abused and not used.
A provisional government is provisional.
a type of government
A provisional government , on the other hand, is known as one that is formed when the constitutionally elected authorities lose power and the current political regime collapses. In this context, new authorities are needed to take charge of government management until a new Constitution is established.
An example of a provisional government is the one that led Russia in 1917 from the fall of tsarism until the triumph of the Bolsheviks.
In Spain there have also been different cases of provisional governments throughout its history. Thus, for example, one took place during the period between 1868 and 1871 , after the triumph of what is known as the La Gloriosa Revolution , which put an end to the reign of Isabel II .
And there is also the provisional government of the Second Spanish Republic , during 1931 , which undertook negotiations with the nationalists and the establishment of an agrarian reform project.