The present investigation has raised the problem of detention in criminal flagrancy developed by the Peruvian criminal procedural code and its collision with the right to freedom and personal security, so this investigation has been justified by establishing that the right to freedom is presented as A higher value of the legal order and has the category of fundamental right. Likewise, detention in cases of flagrant crimes constitutes a highly unique situation, with respect to the rule represented by the general respect and protection that for law to personal freedom, and the exception, constituted by detention by means of a written and duly substantiated judicial order. The present investigation has obtained theoretical and practical results, which show that paragraphs 3 and 4 of article one of the law 29569 that modifies Article 259 of the Code of Criminal Procedure if they violate the ...