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Originally Posted by diegonel
Hola a todos,
¿Técnicamente cual es la diferencia entre remand in custody vs temporary arrest?
remand in custody= prisión preventiva
temporary arrest= detención preventiva
No tengo dudas con respecto a la traducción, pero si a la diferencia.
Alguien que entienda sobre el tema?
Muchas Gracias.
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Hola Diego:
I can't say how it is in other countries but in the U.S. the difference between an arrest and to remand in custody is that an arrest is done by the police and a judge remands.
Generally:
Arrest: A judge can order an arrest by issuing a warrant but cannot make the arrest. The
police serve the warrant and
make the arrest. (the police can also arrest people without a warrant).
Remand: Once arrested a person is brought before a judge to determine if there is sufficient reason (evidence) to hold a person on the charges. If the judge rules that there is sufficient evidence then he will set bail so that the person can be released pending trial. If the person cannot make bail then
the judge will
remand him to the custody of the appropriate authority (usually the sheriff) having jurisdiction where he will be held until he makes bail or the charges are otherwise resolved through trial or dismissal.
Sé que sea verboso pero espero que me explíco.
Note: Diego, I would be intrested in knowing how you are using the term "temporary arrest". That is unusual term and I'm curious to know if that is something regarding the U.S. legal system.
