The crime of illegal detention belongs to crimes against independence and is regulated in article 163 of the Penal Code. This crime can carry a wide variety of prison sentences of 4 to 6 years.
If the arrest were committed by a public official, we would be facing a worsened type of crime, with a preeminent penalty of deprivation of independence. That is why here we are going to tell you everything you need to know about illegal detention.
So stay until the end of this article and know everything about it.
What do we understand about illegal detention?
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He legal good What is safeguarded in such crimes is ambulatory independence. That is, the constitutional right that every inhabitant has the independence of movement, regulated in article 17.
In this way since, For the crime of illegal detention to be committed, the victim should be deprived of the right to independence of movement. This means that she is completely immobilized and has no chance of fleeing.
This can occur, for example, once a person is included in the center of a property, with no chance of getting out of it, even though it manages to move inside. The steps taken to commit this crime consist of cornering the victim in a closed space, or detaining them in an open place against their will.
How long should it take for a crime of illegal detention to actually be committed?
The legislation does not regulate a specific period for such purposes, other than having Keep in mind that if the person locked up or detained is given independence in the first 3 days of his or her detention. The duration decision is then defined by the judicial and jurisprudential interpretation related to creating a situation of deprivation. positive of the probability of using our ambulatory and movement independence.
This materializes as a result of the victim not being able to move for a minimum duration that allows offer elementary relevance to illegal detention
What happens if you hope to illegally detain a person, but in the end it is not achieved?
In such cases, we are faced with what is usually called ways of imperfect execution, in which the aim is to corner the victim or detain him illegally. But it has not been achieved, which is why The crime of illegal detention consummated as such is not understood, and it will be applied at the attempted level, with a lower penalty, in accordance with the provisions of articles 15 and 16 of the Penal Code.
We are going to take into account that the crime of illegal detention, In addition to the fact that it usually refers primarily to the crime of kidnapping as established in the articles. The latter being characterized by defending the function of acting of individuals, characterized by a fairly short duration differentiating from illegal detention, in addition to the specific properties of the criminal type.
It is essential to have a criminal lawyer available to analyze such cases.
What happens when an authority or public official commits a crime such as illegal detention?
If the individual active in the crime was a public authority or official, the penalty that will fall on him will be greater, thanks to the value of the position he holds. The legal details that must be considered They will appear in a respective article of the Penal Code, specifically 167:
- Persons in authority acting outside the law without any cause can lead to a serious crime. You will be punished with the penalties respectively provided for in said, in its preeminent half, being able to reach the preeminent in level.
- They will be punished with the same penalties.
- In all cases in which the events referred to in this article have been carried out by a public authority or official. In addition, the penalty of absolute disqualification for a period of 8 to twelve years will be imposed on them.
How to act once a person Was she illegally detained by a public authority or official? The Constitution includes a right that safeguards any inhabitant against arbitrary arrests and detentions, it is the method habeas corpus.