A/HRC/4/40/Add.4 page 13 (e) Preventive detention under the old CPP 44. Under the 1984 Criminal Procedure Code (1984 CPP), the investigating judge would automatically order the detention of anyone suspected of having committed a serious offence (1984 CPP, art. 162). The detention order remained in place for as long as there was proof that a serious offence had been committed and elements reasonably pointing towards the involvement of the accused (1984 CPP, art. 177). There were no limits on the duration of preventive detention, no effective possibility to challenge detention remand and no review of detention (once ordered) by the judge. Even in cases of first instance acquittal, the judge ordered the “provisional release” of the defendant only if the charges carried imprisonment for less than three years (1984 CPP, art. 384). 45. In 1996 the National Congress enacted a law (Ley del Reo Sin Condena) which provided for the release of remand detainees provided that they (a) were not accused of certain particularly serious crimes; (b) had spent in preventive detention more than one third of the term of imprisonment applicable to the offence they were accused of; (c) had no criminal antecedents; and (d) had shown good conduct during their preventive detention. 46. Pursuant to article 446 of the 2002 CPP all criminal proceedings initiated under 1984 CPP will continue to be governed by that law, with the exception of a few provisions of the new code. The preventive detention regime established by the old CPP, as mitigated by the Ley del Reo Sin Condena, thus remains applicable to all persons who were in preventive detention before 20 February 2002. 5. Special provisions governing “illicit associations” 47. Article 332 of the Criminal Code, governing the offence of “illicit association”, was revised in January 2005. It now provides that the leaders (jefes o cabecillas) of youth gangs (maras, pandillas) and “other groups associating with the permanent objective of committing crimes” shall be punished with 20 to 30 years of imprisonment, while simple membership shall carry a term of imprisonment of a third less, that is between 13 and 20 years. At the same time, a special provision was introduced in the Criminal Procedure Code regarding the preventive detention of persons charged with belonging to an “illicit association”, making it almost mandatory. 6. Juvenile justice and detention of minors 48. The Childhood Code provides that deprivation of liberty (referred to as “internment” and not “imprisonment”) shall be the exception in dealing with juvenile offenders (art. 198) and that preference be given to other “socio-educational measures”, which include orientation, warning, community service, restrictions on freedom of movement and semi-liberty (art. 188). Internment shall be ordered only for minors guilty of crimes against life or serious attacks on the physical integrity of a person, or in cases of recidivism or repeated failure to comply with previous measures. Internment shall be imposed only for the minimum duration necessary and the need for internment shall be reassessed every six months (art. 198). Interned minors are entitled to “effective, regular and private” legal advice and should be fully informed about their status and rights (art. 199).