BETWEEN THE FORGOTTEN PENALTY AND THE (ANTICIPATORY SENTENCE) or (EARLY RELEASE)

Authors

  • Lic. Gabriel Horacio Gómez Benitez University of Buenos Aires Author

DOI:

https://doi.org/10.15517/fhvfpq27

Keywords:

Pretrial detention, Anticipatory penalty, Banality of evil, Judicial bureaucrat, Right to defense, Criminal guarantees, Social control

Abstract

The use of pretrial detention is increasingly common in the Argentine and Latin American criminal justice systems. This phenomenon, although not widely publicized, demonstrates the use of criminal law as a tool of social and political control. Judges make decisions not to enforce justice, but to satisfy political or personal interests, which raises the question of whether judges have become bureaucrats who apply the law thoughtlessly. This form of legal application is a form of bureaucratic evil that must be combated through questioning and reflection.

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Published

2025-11-30

Issue

No. 5 (36) (17) (2025)

Section

Artículos

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