libertad condicional durante el proceso
Explanation:
Mi propuesta.
Te escribo en español porque me sale más fluido.
Y se necesita contexto.
Saludos cordiales,
Manuel
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Normalmente la “libertad condicional” es un beneficio que se le concede a una persona que ya ha sido condenada y ha cumplido parte de su pena (http://noticias.juridicas.com/areas/65-Derecho Procesal Pena...
Sin embargo, en Venezuela también se utiliza el término para designar el beneficio concedido a una persona que está siendo juzgada y había sido detenida por presumirse que podía fugarse para evitar la acción de la justicia (http://www.google.com.ve/search?hl=es&ie=UTF-8&q="libertad c...
He visto documentos donde a este último caso se le denomina “libertad durante el proceso”, lo que evita confusión con el anterior ([PDF] DATOS MUNDIALES SOBRE LOS SISTEMAS DE JUSTICIA CRIMINAL VENEZUELA ... www.ojp.usdoj.gov/bjs/pub/pdf/wfcjsvz_sp.pdf).
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9.b.1. BOUVIER'S LAW DICTIONARY Baldwin's Students Ed. (1946), pp. 1031-1032, reads (in part):
RECOGNIZANCE. An obligation of record, entered into before a court or officer duly authorized for that purpose, with a condition to do some act required by law which is therein specified. 2 Bla. Com. 341. See 49 Fed. Rep. 776; ...
The object of a recognizance is to secure the presence of the defendant to perform or suffer judgment of the court. ...
Who may take. In civil cases recognizances are generally taken by the court; ... or by some judge of the court in chambers, though other magistrates may be authorized therefor by statute, and are in many of the states; ...
In criminal cases the judges of the various courts of criminal jurisdiction and justices of the peace may take recognizances; ... the sheriff in some cases; ... but in case of capital crimes the power is restricted usually to the court of supreme jurisdiction....
In cases where a magistrate has the power to take recognizances it is his duty to do so, exercising a judicial discretion, however; ... In form it is a short memorandum on the record, made by the court, judge, or magistrate having authority, which need not be signed by the party to be found; The formal mode of noting a discharge is by entering an exoneration; 5 Binn. 332; 1 Johns. Cas. 829; It is indespensible to a legal default that the principal in the recognizance should have been regularly called, and, upon such call, failed to appear; 24 Ill. App. 72 ...
9.b.2. BLACK'S LAW DICTIONARY, 4th Ed. Rev., 13th Reprint, p. 1436, reads (in part):
RECOGNIZANCE. An obligation of record, entered into before some court of record, or magistrate duly authorized, with condition to do some particular act; as to appear at the assizes, or criminal court, to keep the peace, to pay a debt, or the like. It resembles a bond, but differs from it in being an acknowledgment of a former debt upon record. 2 Bl.Comm. 341; ...
In criminal cases, a "bail bond" is a contract under seal, executed by the accused, and from its nature requires sureties or bail, to whose custody he is committed, while a "recognizance" is an obligation of record, entered into before some court or magistrate authorized to take it, on condition to do some particular act, and a prisoner is often allowed to obligate himself to answer to the charge. State v. Bradsher, 189 N.C. 401, 127 S.E. 349, 351, 38 A.L.R. 1102.
9.b.3. BLACK'S LAW DICTIONARY, 7th Ed. (1999), p. 1277, reads (in part, square brackets substituted for angle brackets):
recognizance. ... 1. A bond or obligation, made in court, by which a person promises to perform some act or observe some condition, such as to appear or observe some condition, such as to appear when called, to pay a debt, or to keep the peace. Most commonly, a recognizance takes the form of a bail bond that guarantees an unjailed criminal defendant's return for a court date [the defendant was released on his own recognizance]. See RELEASE ON RECOGNIZANCE.
...
personal recognizance. The release of a defendant in a criminal case in which the court takes the defendant's word that he or she will appear for a scheduled matter or when told to appear. This type of release dispenses with the necessity of the person's posting money or having a surety sign a bond with the court. ...
http://www.geocities.com/tthor.geo/appearance.html
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peer agreement (net): +3