PRETRIAL DETENTION IN HONDURAS AND ITS EFFECT ON THE PRINCIPLE OF THE PRESUMPTION OF INNOCENCE

Abstract

Currently, preventive detention is used irrationally, creating a scenario of political reproach in hearings that incites different social groups to pressure judicial decisions. This undermines the presumption of innocence of the accused to such an extent that social and media repercussions influence judicial decisions, often lacking proper justification. This article addresses the interference with the personal liberty of an individual who is presumed innocent until their criminal responsibility is declared. The study is framed within criminal sciences, criminal procedural law, and constitutional law. The objective is to analyze how the granting of preventive detention by justice administrators shows signs of irrationality, without the due motivation and proportionality to justify its application, leading to the violation of the principle of innocence. It is concluded that an application without observance of these principles directly affects this fundamental guarantee and the individual’s freedom.