European Arrest Warrant, Order and European Capture

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It is very complicated to face any situation with the justice without a good lawyer that represents them, because in many occasions the citizens ignore the rights that the Law grants them and it also exist many procedures that are specific in dependence of the case and details that only the professionals of the right dominate. We offer legal consultation on the matters of detention orders and captures, because we exercise the profession in many areas of the juridical traffic, but we specialize in these cases.

What is a detention order and capture?

It is an order that allows to the police authorities of a country to look for and to arrest a person, being founded in reasons settled down in the Law. It is a required order, which is decreed by a competent judge, attacking the police authorities to proceed to the detention of an individual. The corresponding judge dictates this order by means of a Car that will give beginning to the performances.

When do we proceed legally to a capture?

This type of judicial order proceeds when a person is suspicious of being the author of the execution of a criminal fact, it is carried out with the purpose of subjecting this person to a series of actions, as the declaration benefit, the recognition wheel and to assure that he/she present in the execution of the oral trial, whenever it exists certain founded reasons that they believe a possibility that this person can avoid the trial. Another case in which the capture order proceeds is when a sentence of a Tribunal will be executed regarding a person, that is to say that the failure consists on the privation of the criminal's freedom and it is still outside of the center that was assigned.

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It also proceeds when the accused of a crime is notified the requirement of his presence in the oral trial or in another diligence that it is carried out during the process and this is not presented. As well as in the cases of flight or when an evasion takes place to the conditions of parole.

When is an order of Detention unfounded?

Several suppositions exist in which the execution of the detention order doesn't proceed nor the captures. This is the case of when a Tribunal dictates a Car that already establishes the irrelevancy of an order emitted, or when the individual that seeks to stop is located and detained, also when the terms foreseen in the Law for the responsibility have extinguished, as the case of the accuser’s death, the reprieve or the prescription of the crime that he is imputed, to mention some examples.

What is the parole?

The tribunal can have the parole for the one sanctioned to temporary privation of freedom if, appreciating his individual characteristics and his behavior during the time of his reclusion, reasons have been founded to consider that he/she has changed and that the end of the punishment has been reached without necessity of being executed the sanction totally.

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The tribunal, in the resolution that prepares the parole, will point out the obligations that the beneficiary has to complete, especially, those related to the labor activities that it can be developed during the period of test, as well as regarding any other activity or activity restriction that contributes to avoid that it incurs in a new crime. Likewise it will order the execution of the unfulfilled part of the sanction if during the period of test the one that enjoys parole is sanctioned to privation of freedom by a new crime or if he observes an antisocial behavior. On the event of repeal of the parole, the time during which the liberated one enjoyed this freedom will be paid to the execution.

On what does the procedure Habeas Corpus consist?

Every person who is private of freedom outside of the cases or without the formalities and guarantees the Constitution and the laws, he should be put in freedom, to his petition or of any other person, by means of a brief process of Habeas Corpus before the competent Tribunals. The Habeas Corpus doesn't proceed in case the privation of freedom obeys sentence or Car of prison provisional dictation in file or crime cause, for what the Tribunal will give course to the application, unless it is evident that legal foundations don't exist for it and it will order the authority or official to whose disposition is the prisoner or detainee that the present thing before the Tribunal the day and the hour that it is pointed out to the effect, inside the term fixed in Law.

The commandment will be completed inexcusably. The authority or official to who has gone the prisoner will present or private of freedom so that it is low his custody of conformity with that ordered in the commandment, unless it is justified to satisfaction of the Tribunal the impossibility of making it for some unbeatable cause. The Tribunal, on any event, will check the certainty of the alleged impossibility and it will adopt the necessary measures to substantiate the process in the smallest possible time.

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