of the alternative punishments established in Law 18,216; the existence of prior sentences that he has not yet served, based on the gravity of the offenses in question, and having acted as part of a group or gang. It shall be understood that the safety of the victim of the offense is in danger owing to the release of the detainee or prisoner when proven information allows it to be presumed that the latter may attack the former or his family. In order to apply this norm, it shall be sufficient that the judge has verified this information by any means. The court must include a detailed record in the proceedings of the information that has precluded pretrial release, when it cannot mention them in the decision because this would affect the success of the investigation. (…) Art. 364.315 Pre-trial release can be requested and granted at any stage of the trial. 305. Criminal Procedural Code. Pre-trial detention is regulated in articles 139 to 154 of the Criminal Procedural Code of 2000 (supra para. 101). The pre-trial detention of Juan Patricio Marileo Saravia, José Benicio Huenchunao Mariñán, Florencio Jaime Marileo Saravia, Juan Ciriaco Millacheo Licán, Patricia Roxana Troncoso Robles, Aniceto Norín Catrimán and Pascual Pichún Paillalao was governed by this code. The following are the relevant provisions for this case: Article 139. Admissibility of pre-trial detention. Everyone has the right to personal liberty and safety. Pretrial detention shall only be admissible when other precautionary measures are insufficient to ensure the objectives of the proceedings. Article 140. Requirements for ordering pre-trial detention. Once the investigation is underway, the court, at the request of the Public Prosecution Service or of the complainant, may order the pre-trial detention of the accused provided that the applicant substantiates that the following requirements are met: a) That there is information supporting the existence of the offense investigated; b) That there is information leading to a well-founded presumption that the accused has participated in the offense as perpetrator, accomplice or accessory after the fact, and c) That there is information allowing the court to consider that pre-trial detention is essential for the success of specific and precise investigation measures, or that the release of the accused is dangerous for the security of society and of the victim. It shall be understood that pre-trial detention is essential for the success of the investigation when there is a serious and well-founded suspicion that the accused may obstruct the investigation by 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 court 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 of the alternative punishments established by law; the existence of prior sentences that he has not yet served, based on the gravity of the offenses in question, and having acted as part of a group or gang. Article 141. Inadmissibility of pre-trial detention. Pre-trial detention may not be ordered when it appears to be disproportionate to the seriousness of the offense, the circumstances in which this was committed, and the probable punishment. Pre-trial detention may not be ordered: […] c) When the court considers that, if he is convicted, the accused may be eligible for an alternate measure to the deprivation or restriction of liberty established in the law and the accused verifies that he has permanent ties to the community, through his social and family roots. […]. Article 142. Processing of the request for pre-trial detention. The request for pre-trial detention may be made verbally in the hearing to open the investigation, during the hearing to prepare the oral trial, or in the hearing of the oral trial. It may also be requested at any stage of the investigation with regard to the accused against whom this is being conducted, in which case the judge shall set a hearing to decide the request, summoning to it the accused, his defense counsel, and the other parties. The presence of 315 Text established in Decree Law 2,185, of April 12, 1978. 107