124 means to make bail. In cases where the accused’s lack of capacity of payment has been established, another precautionary measure should be used that does not involve deprivation of liberty. In accordance with the principle of presumption of innocence, bail shall in no case constitute or include reparation of damages caused by the crime imputed to the accused. C. 5. While failure to abide by the alternative measures may carry penalties, this failure should not constitute automatic justification to impose pretrial detention. In such cases, specific grounds shall support the application of pretrial detention in lieu of less restrictive alternatives. When a person is accused of breaching the terms of a non-custodial measure, the competent authority shall grant the person the opportunity to be heard and to present elements to explain or justify that infringement. 6. Develop training, oversight, and enforcement measures to ensure the use of non-custodial measures in accordance with domestic and international norms. Legal framework and application of pretrial detention 1. Take the necessary measures to guarantee that pretrial detention is applied as an exceptional measure, justified only when the legal requirements applicable in each individual case are present, which should comply with international human rights law, as explained in this report. 2. Adopt the necessary measures to ensure that detainees are brought to trial without undue delay. In this regard, the IACHR recommends that member States give priority to those criminal proceedings in which persons are being held in pretrial detention. Ensure that the periods of pretrial detention are strictly within the limits allowed by law. 3. In those cases in which the law limits the length of time a person may be held in pretrial detention, such a provision shall not be interpreted or applied to mean that the pretrial detainee may always be held for that period; instead, the law shall be interpreted to mean that the person may be held in custody only for the time period necessary to achieve the ends for which the measure was ordered, in accordance with the principles of necessity and proportionality. Further, the fact that the law sets a maximum period for pretrial detention shall not obviate the need for periodic reviews to ascertain whether pretrial detention is still necessary, as indicated in these recommendations. 4. In those cases in which the criminal code allows the maximum period established for pretrial detention to be extended under certain

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