Habeas corpus

  Criminal law, crimes

How is Habeas Corpus declared? As easy as raising your hand to say the magic word? Surely some have heard of this legal figure, in fact there are people who believe they know it quite well. 

But in general we completely ignore it and that is why we do not give it the value and importance that it really has. It is because of this that here We are going to tell you everything you need to know about Habeas Corpus. 

So you should stay until the end of this article, since it will be very helpful if you are learning legal terms.

 What is the purpose of habeas corpus?

 Habeas corpus is mainly used when a person is detained and is considered wrongfully detained. In this case, the detainee can request the procedure of habeas corpus so that once brought before justice his freedom is declared.

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 Given the aforementioned anomaly, the detention must be redirected to article 167 of the Penal Code which provides for the aforementioned provision that if the public agency or official. This unless the circumstances permitted by law allow it and without intermediate cause of a crime to make an arrest that would be considered illegal.

 When is a Habeas Corpus considered illegal?

 For the purposes of the law, the following are considered illegally detained:

  • People who are detained without presumption by a government agent public or private official legislation, or who have not complied with the procedures and requirements established by law.
  • Persons illegally detained at any facility or location.
  • People who have been detained for a period longer than that established by law if after that time they have not been released or handed over to the judge closest to the place of detention.

 If a illegal arrest The competent court for the writ of habeas corpus will be the judge in which the person deprived of liberty is found. If it is not indicated, it is the place where the arrest took place and otherwise, it is the place where the latest news on the fate of the detainee is received.

 Who would you present to in a Habeas Corpus?

 For the jurisdiction required by the "Habeas Corpus" will be the investigating judge of the place where the person deprived of liberty is located. If the competent magistrate does not appear, it will be the place of detention. 

In the absence of the last two this will be the place to receive the latest news about the fate of the prisoner. In exceptional cases (terrorist, armed band, etc.) the National audience will decide the procedure.

When can I file a petition for habeas corpus?

 He constitutional Court determined that it could be interposed both at the time of arrest and subsequently at any time. In which it is considered that any of the legally established guarantees has been breached.

What should the police do when habeas corpus is required?

 In this case, the government agency, mission or public official must timely notify the competent judge of the request.

The doctrine is applicable even if there are no norms that regulate Habeas Corpus 

 First, the Court asserts that Although no provision of domestic law copies what is established in the directives, the provision of this document. As well as the rights and guarantees established therein will be directly applicable in our legal system if the mandatory provision for its transposition is fulfilled. 

 In contrast, incomplete or imprecisely transformed directives or the directives of evasion of obligations in favor of the citizens by direct vertical effect. Therefore, taking into account the above in case of violation of the rights and guarantees of the detainee even if they are not established in the internal regulations. 

But if in the directives of the prisoner Europe is in force directly for Explained the reasons you have to go to the Haebas Corpus academy.

 What happens if the judge denies the habeas corpus?

 If the habeas file is accepted for processing but denied must present a complaint amparo alleging a violation of EC 17.3.

 Without embargo, in case of inadmissibility of habeas corpus, an annulment of action must be filed to exhaust all possible legal avenues. This before the filing of an appeal for protection that violates the articles.