As a general rule, the conquest of rights and individual warranties implies the defendant’s freedom for which it has not been undermined a presumption of innocence. Nevertheless, the social control immersed in Criminal Law demonstrates that The Institute of Preventive Detention is the one who imposes based on plural justifications, but emphasizing solely and exclusively on the need faced with the risk that the accused’s behavior poses to the community. This purpose, has changed its paradigm in the judicial Colombian perform through the seriousness and modality of criminal offense, the damages incurred, social impact and future expectation. These changes are perceived from the Law 906 of 2004 procedure as regulatory of Legislative Act 03 of 2002 which redefined the content of the Article 250, Law 1142 of 2007, Law 1453 of 2011 and the recent Law 1760 of 2015. This topic fluctuates between an apparent framework of criminal policy and dogmatic patterns in the evolution of the rational choice theory, appearing as these all above were taken into account at the moment of pre-trial detention, mixtures between the criminal law of the “act” and the perpetrator facing the future expectation. Although it is exotic, this last one stage is entirely vague and indeterminate. All within the same procedural criminal model denominated accusatory, but also with an adversarial propensity.