surety, when the offense for which he is being tried makes this benefit admissible in any of the forms
established in articles 357 or 359, unless there is a reason to keep him in pre-trial detention, which
must be indicated.
If necessary, the decision referred to in the preceding paragraph may be issued in separate resolutions.
Article 276. The decision to bring the accused to trial shall be notified to the person deprived of liberty
as established in article 66.
If the accused is at liberty and has an official legal representative in the proceedings, the latter shall be
notified by certified writ. If he does not have such a representative, the court shall decide the measures
to notify him personally as soon as possible.
Article 277. During the proceedings, arrest becomes pre-trial detention
4. PROVISIONS COMMON TO ARREST AND PRE-TRIAL DETENTION
Art. 280. (302) All orders for arrest or prison shall be issued in writing, and to implement them, the
judge or authority who issued them shall issue a signed warrant in which this order is transcribed
literally.
Art. 281. (303) The warrant for arrest or prison shall contain:
1) The name and title of the official who issues it;
2) The name of the person responsible for executing it, if the instructions are not issued in a general
way to the law enforcement personnel represented by the security police or an army unit, or in another
way;
3) The first and last name of the person to be arrested or, if unavailable, the circumstances that
individualize him or determine his identity;
4) The reason for the arrest or prison, unless it is advisable to omit this for a genuine reason;
5) The determination of the prison or public place of detention where the person arrested should be
taken, or of his home when this has been decided.
6) An indication of whether or not he should be kept incommunicado, and
7) The signature of the official and of the secretary, if applicable.
[]
Title IX
PRE-TRIAL RELEASE
Art. 356. Pre-trial release is a right of every person detained or imprisoned. This right may always be
exercised in the way and under the conditions established in this Title.
Pre-trial detention shall only last the time necessary to meet its purposes. The judge, when deciding a
request for release, shall always give special consideration to the time that the detainee or prisoner has
been subject to pre-trial detention.
The detainee or prisoner shall be released at any stage of the case at which his innocence emerges.
All the officials who intervene in a proceeding are obliged to extend the detention of those found guilty
and the pre-trial detention of the accused for the shortest time possible.
(…)
Art. 363. Pre-trial release can only be denied, by a reasoned decision, based on proven information
from the proceedings, when the judge considers that the detention or prison is necessary for the
success of the preliminary investigations, or when the release of the detainee or prisoner would be
dangerous for the security of society or of the victim.
It shall be understood that the arrest or pre-trial detention is necessary for the success of the
investigations only when the judge considers that there is a serious and well-founded suspicion that the
accused may obstruct the investigation, by actions such as the destruction, modification, concealment
or falsification of probative elements; or when he may induce co-accused, witnesses, expert witnesses
or third parties to provide false information or to conduct themselves in a disloyal or reticent manner.
To consider whether the release of the accused may be dangerous for the security of society, the judge
must consider, in particular, any of the following circumstances: the severity of the punishment
assigned to the offense; the number of offense he is charged with and their nature; the existence of
pending proceedings; the fact that he is subject to a precautionary measure, on parole, or serving one
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