Can the guardians of a minor or incapacitated person demand the detention of the defendant until the heir is able to swear?

Primary text

If the guardians of the minor or incapacitated person demand during their lifetime that the defendant be detained until the minor matures, the insane person recovers, or the mute person can signal understanding, or they demand the posting of a guarantor, such demands are not granted. This is because detention constitutes punishment, which cannot be inflicted upon someone against whom a right has not yet been established.