Differences between protective measures and precautionary measures in the articles 75 and 243 of the spanish penitentiary regulation

Abstract

 The object of this essay is to differentiate the protection measures adopted in the disciplinary procedure of those others that also could be adopted in other suppositions. The first measures are regulated in the art. 243 RP. The second measures, according to the article 75 RP only the Director of the Prison may adopt these measures to contain the convicts who might alter the daily coexistence and the safety in the prisions. These measures are going to be viewed by the article 243 RP, from the restrictions of the article 75 RP. Both possess a common nature and an instrumental only aim. The only difference between both legal articles is, in the first case of article 243 RP, the measures are adopted inside the punishment procedure. In the case of article 75 RP is really a key to protect the inmates safety of the attacks or to be protected from themselves. Nevertheless, the same guarantees do not exist when the restrictions are applied according to art. 75 RP. Restrictions that, in the event of 75.1 RP, have the same instrumental nature that protect with the measures of the art.243 RP. It is necessary to modify the juridical procedure of the art. 75 RP providing it with a few minimal guarantees according to the rules of proportionality and of juridical safety, and to control all of these circunstances by the penitentiary surveillance magistrate.