La Audiencia de Medida Cautelar
Una de las audiencias más importantes que enfrenta cualquier persona que está siendo indiciado por la presunta comisión de un hecho punible, es La Célebre Audiencia de Solicitud de imposición de Medida Cautelar ante el Juez de Garantías. En este acto procesal de importancia medular para la persona forma parte de lo que se conoce con el nombre de Audiencias Múltiples en el Sistema Penal Acusatorio, y generalmente se celebra antes que se cumpla el término de 72 horas de la aprehensión.

Una de las audiencias más importantes que enfrenta cualquier persona que está siendo indiciado por la presunta comisión de un hecho punible, es La Célebre Audiencia de Solicitud de imposición de Medida Cautelar ante el Juez de Garantías. En este acto procesal de importancia medular para la persona forma parte de lo que se conoce con el nombre de Audiencias Múltiples en el Sistema Penal Acusatorio, y generalmente se celebra antes que se cumpla el término de 72 horas de la aprehensión. En este orden de ideas el catedrático Juan Antonio Kuan Guerrero, en su obra el Rol de la Defensa Penal en el Sistema Penal Acusatorio entiende las medidas cautelares como:
"Entendemos que se puede definir a las medidas cautelares como aquellas restricciones que impone el juez al imputado, en torno al ejercicio de determinados derechos constitucionales, sobre la base de indicios que permiten hablar, por un lado, de un perculum libertatis, reflejado tanto en el riesgo de frustración procesal como de peligrosidad procesal del imputado, y por otro lado, de un fumus bonis iuris, esto es, la presencia de hechos aparentemente delictivos que se le atribuyen al imputado" (BENAVENTE CHORRES, HESBERT. La Investigación Judicial  y el Control de Convencionalidad en el Proceso Pernal: Concepto y modalidades Editorial Bosch Procesal, 2012, p 393) (Sub rayado es nuestro).
Efectivamente, tal como de forma brillante nos explica el profesor Kuan Guerrero, en la Audiencia de Solicitud de Medida Cautelar la carpeta penal debe existir y debidamente acreditada el perculum libertatis, que no es mas de indicios verdaderos que apunten a la desatención al proceso por parte del imputado por un lado, de igual forma, debe estar acreditado el fumus bonis iuris que no es más que elementos de convicción que acrediten el hecho punible y la vinculación del imputado.
Frente a una audiencia de solicitud de imposición medidas cautelares personales los temas que se debatirán girarán en torno a los siguientes temas:

  • Las reglas de procedibilidad, no es más que un debate durante la audiencia, entre el Fiscal en representación de la Procuraduría General de la Nación y el Abogado Defensor en representación activa del imputado, con relación a aspectos procesales, es decir, si se han cumplido los presupuestos legales que exige el proceso hasta ese momento procesal.
  • Existencia de Exigencias Cautelares, que no es más, que las cuatro que dispone el artículo 227 del Código Procesal Penal. a.    Peligro de Fuga. b.    Afectación o destrucción de medios probatorio. c.    El imputado representa un peligro para la comunidad. d.    Peligro de atentar contra la víctima, sus familiares.
  • Tipo de medida que aplicar, este debate se centra en el catálogo de medidas dispuestas por el artículo 224 del Código Procesal Penal.
  • Requisitos especiales de procedibilidad, la cual consiste en la ponderación de exigencias especiales de ley de concordancia con el tipo penal que se imputa.
  • Justificación de la excepcionalidad de su uso en el caso concreto, que no es más que la sustentación del Ministerio Público del porque el Juez de Garantías debe imponer la medida más severa, cuando está medida debe ser la excepción y no la norma. Por el Contrario, el contraargumento del Abogado Defensor debe ser contundente frente a su oposición de esa medida.
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La Audiencia de Medida Cautelar
Se constituye en una audiencia medular para el sujeto pasivo en el proceso. Puede ser la diferencia entre la libertad o la detención provisional hasta que dure la investigación.
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Para que el Juez de Garantías pueda imponer medidas cautelares en contra de una persona, primero se deben cumplir ciertos presupuestos, contenido en el artículo 222 de nuestro Ordenamiento Procesal Penal al disponer que: "Requisitos. Podrán aplicarse las medidas cautelares personales:

  • Si existen medio probatorios demostrativos del hecho punible y la vinculación del imputado con el hecho.
  • Si la medida es necesaria, en cuanto a la naturaleza y el grado de las exigencias cautelares requeridas en el caso concreto.
  • Si es proporcional a la naturaleza del hecho y a la sanción que se estime podría ser impuesta al imputado.
  • Si la afectación de los derechos del imputado es justificada por la naturaleza del caso.
El juez deberá aplicar la detención preventiva como medida
Estas reglas así contenidas en el artículo 222 Id. CPP supra citado, y su examen busca determinar en esta parte incipiente del proceso, si es viable o no la aplicación de medidas cautelares en el caso concreto, aun sin que necesariamente se identifique cual o cuales de ellas se solicitan.
En fin, La Audiencia de Solicitud de Imposición de Medidas cautelares es jurídicamente técnica y requiere que el Abogado defensor esté alerta durante la audiencia para capitalizar sobre las falencias en la teoría presentada por el Sr(a). Fiscal, por un lado, y por el otro debe tener un conocimiento claro de los elementos de convicción que han sido hasta este punto procesal en la carpeta penal de forma que pueda contra-argumentar efectivamente la del Fiscal. En el caso de que esté a punto de enfrentar una audiencia múltiple le recomendamos contacte al Licdo. Patricio Jordan, aquí, a fin de que pueda evaluar su causa penal; Chat al 6-486-6544 / e-mail: medstarbilling@gmail.com

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    Beyond academics, Harvard drives change in **global
    policy, economics, and technology**. The university’s research impacts healthcare,
    sustainability, and artificial intelligence, with
    partnerships across industries worldwide. **Harvard’s endowment**, the largest of any university, allows
    it to fund scholarships, research, and public initiatives,
    ensuring a legacy of impact for generations.

    ## Conclusion

    Harvard University is more than just a school—it’s a **symbol of excellence, innovation, and leadership**.
    Its **centuries-old traditions, groundbreaking discoveries, and transformative
    education** make it one of the most influential institutions in the world.
    Whether through its distinguished alumni, pioneering research, or vibrant student
    life, Harvard continues to shape the future in profound ways.

    Would you like to join the ranks of Harvard’s legendary scholars?
    The journey starts with a dream—and an application!

  84. # Harvard University: A Legacy of Excellence and Innovation

    ## A Brief History of Harvard University

    Founded in 1636, **Harvard University** is the oldest and one of the most prestigious
    higher education institutions in the United States.
    Located in Cambridge, Massachusetts, Harvard has built a global reputation for academic excellence, groundbreaking research, and influential
    alumni. From its humble beginnings as a small college established to
    educate clergy, it has evolved into a world-leading university that shapes the future across various disciplines.

    ## Harvard’s Impact on Education and Research

    Harvard is synonymous with **innovation and intellectual leadership**.
    The university boasts:

    – **12 degree-granting schools**, including the renowned
    **Harvard Business School**, **Harvard Law School**, and **Harvard Medical School**.

    – **A faculty of world-class scholars**, many of whom are
    Nobel laureates, Pulitzer Prize winners, and pioneers in their fields.

    – **Cutting-edge research**, with Harvard leading
    initiatives in artificial intelligence, public health, climate change, and more.

    Harvard’s contribution to research is immense, with billions of dollars allocated to scientific discoveries and technological
    advancements each year.

    ## Notable Alumni: The Leaders of Today and Tomorrow

    Harvard has produced some of the **most influential figures** in history, spanning politics,
    business, entertainment, and science. Among them are:

    – **Barack Obama & John F. Kennedy** – Former U.S.

    Presidents
    – **Mark Zuckerberg & Bill Gates** – Tech visionaries (though Gates did not graduate)

    – **Natalie Portman & Matt Damon** – Hollywood icons
    – **Malala Yousafzai** – Nobel Prize-winning activist

    The university continues to cultivate future leaders who shape industries and drive global progress.

    ## Harvard’s Stunning Campus and Iconic Library

    Harvard’s campus is a blend of **historical charm
    and modern innovation**. With over **200 buildings**, it features:

    – The **Harvard Yard**, home to the iconic **John Harvard Statue** (and the famous “three lies”
    legend).
    – The **Widener Library**, one of the largest university libraries in the world, housing **over 20 million volumes**.

    – State-of-the-art research centers, museums, and performing arts venues.

    ## Harvard Traditions and Student Life

    Harvard offers a **rich student experience**, blending academics with vibrant traditions, including:

    – **Housing system:** Students live in one of 12 residential houses,
    fostering a strong sense of community.
    – **Annual Primal Scream:** A unique tradition where students de-stress
    by running through Harvard Yard before finals!
    – **The Harvard-Yale Game:** A historic football rivalry that unites alumni and students.

    With over **450 student organizations**, Harvard students engage in a diverse
    range of extracurricular activities, from
    entrepreneurship to performing arts.

    ## Harvard’s Global Influence

    Beyond academics, Harvard drives change in **global policy, economics, and technology**.
    The university’s research impacts healthcare, sustainability, and artificial intelligence, with
    partnerships across industries worldwide. **Harvard’s endowment**, the largest of any
    university, allows it to fund scholarships, research, and
    public initiatives, ensuring a legacy of impact for generations.

    ## Conclusion

    Harvard University is more than just a school—it’s a
    **symbol of excellence, innovation, and leadership**.
    Its **centuries-old traditions, groundbreaking discoveries, and transformative education** make it
    one of the most influential institutions in the world.
    Whether through its distinguished alumni, pioneering research, or vibrant student life, Harvard continues to shape the future in profound ways.

    Would you like to join the ranks of Harvard’s legendary scholars?

    The journey starts with a dream—and an application!

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