Is tying illegal?

Unlawfulness of detention

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What happens if there is no indictment?

The order of non-indictment does not prevent the Public Prosecutor’s Office from continuing with the investigation and subsequently formulating a new indictment, unless the dismissal is decreed therein.”

How can an arrest be considered illegal?

To this end, the Public Prosecutor’s Office must justify before the judge the reasons for the detention and the Control Judge proceeds to qualify it, examining compliance with the constitutional detention period and the procedural requirements, ratifying it if it is in accordance with the law or decreeing release.

What should be contained in the indictment?

The indictment must state the date, time, crime or crimes charged, place, time and circumstances of execution, data that establish that a fact has been committed that the law indicates as a crime and that there is a probability that the accused committed it or participated in its commission, and must be …

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Self-binding

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What happens if the detention is declared illegal?

Violation of this provision shall render the Public Prosecutor’s Office or official who improperly decrees the detention criminally liable and the subject shall be released immediately. Detention for urgent cases must be registered immediately in the terms indicated in Article 193 Quater of this Code.

What does it mean to be bound over for trial?

The committal order is a phase prior to the oral trial. It is part of the investigation stage in which the accused is informed that there are facts for which the ministerial authority is conducting an investigation and authorizes the opening of a formalized investigation period.

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What happens after the commitment to process?

The Public Prosecutor’s Office, after charging the accused in the initial hearing, will request the judge to order the defendant to be sent to trial. If the defendant is sent to trial, a second phase of the investigation begins; this second phase is known as complementary investigation and can last from two to three months.

Precautionary Measures

The order of commitment to trial is the one that gives validity to the procedural acts subsequent to its issuance, that is, such issuance validates the various actions of the proceeding, giving rise to the opening of various phases such as the evidentiary period, the formulation of conclusions and the issuance of the sentence.

Notwithstanding the foregoing, in the case of organized crime, intentional homicide, rape, kidnapping, crimes committed with violent means such as weapons and explosives, as well as serious crimes determined by law against the security of the nation, the free development of the personality and health, the judge in the order of committal to trial will decree, ex officio, preventive imprisonment.

When does detention qualify as lawful?

1. The detention was deemed legal and, consequently, it was determined that he would remain detained during the hearing, since the hypothesis foreseen in article 146 of the National Code of Criminal Procedures (CNPP) was fulfilled, consisting of: The moment of being committing a crime (fraction I).

Who determines the legality of the detention?

The control judge verifies the legality of the arrest. … The Public Prosecutor’s Office does not have public faith, it is now part of the trial and the legality of its actions will be qualified by the control judge.

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What is illegal or arbitrary detention?

Arbitrary detentions are arrests, confinement or deprivation of liberty of persons in cases where there is no probability or evidence of the commission of a crime and it lasts from the time of apprehension until the person is released.

Formulation of imputation

The content and works created by the site operators on these pages are subject to German copyright law. Duplication, processing, distribution or any form of commercialization of such material beyond the scope of copyright law shall require the prior written consent of its respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use. Insofar as the content of this site has not been created by the operator, the copyrights of third parties are respected. In particular, third-party content is identified as such. However, if you become aware of a copyright infringement, please inform us. If we become aware of any infringement, we will remove such content immediately.