Si el prisionero traído ante el tribunal o juez, al devolverse el auto diligenciado, no es acreedor a la excarcelación, ni presta fianza, en el caso de que ésta sea admisible, el tribunal o juez ordenará nuevamente la encarcelación o dispondrá que continúe la detención en el lugar donde se encontraba, siempre que la persona que lo tenía bajo su custodia o detención tenga derecho a ello legalmente.
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