PRISON AND LIBERTY IN THE MILITARY CRIMINAL PROCESS

Abstract

This scientific article aims to investigate the relationship between prison and freedom in the context of military criminal proceedings, examining theoretical and practical issues related to this sensitive topic. The particularities of the military criminal procedure will be explored, considering the peculiar nature of military activities and the requirements of discipline and hierarchy in the Armed Forces. An analysis of the constitutional and legal bases that underlie the military criminal procedure will be carried out, highlighting the procedural guarantees and fundamental rights guaranteed to the military accused of crimes. In addition, the main institutes and procedures related to preventive detention, disciplinary detention, temporary detention and precautionary measures other than detention in military criminal proceedings will be examined. The particularities of detention in the context of military missions and operations will be analyzed, considering situations of armed conflict and the practical limitations that can influence decisions related to the freedom of military personnel involved in criminal proceedings. Finally, the challenges and dilemmas faced in the balance between the need for discipline and the guarantee of the fundamental rights of the military in military criminal proceedings will be discussed, seeking to contribute to the academic and legal debate on the subject.