Content
Most of the constitutions of the nation states enshrine as fundamental rights the freedom and the right to move freely within the country.
The constitutional guarantee freedom is one of the most important, and for its preservation is that the constitution provides for certain mechanisms designed to avoid any form of arbitrary detention, among them, habeas corpus stands out..
The habeas corpus It is the public action that protects personal liberty when someone is captured in violation of their legal guarantees, or when someone's deprivation of liberty is illegally prolonged.
See also: Examples of Law in Everyday Life
Why is it used?
The basis behind the appeal of habeas corpus is that most constitutions establish that to convict a person some conditions must be met.
Among these conditions is the existence of a trial in which there has been a prosecution body but also a defender that supports the accused and also provides effective and substantial assistance, for his statement that must be heard by justice. Only then can there be a judgment which must also be founded under the Law.
Ultimately, the habeas corpus action itself corresponds to an interpretation of the judicial action under which the sanctions of the people, even in the case of serious crimes, must have a rectifying and vocational effect. reintegration into society, and they should not be a punishment nor should they tend to make the offender perceive something analogous to what he did.
Some interpretations of justice as a punishment tool They may think of habeas corpus as an element that provides too many guarantees to criminals, but experience in many countries shows that arbitrary detentions were really frequent during much of history.
How do you apply?
- Examples of Constitutional Guarantees
Habeas corpus is available to all citizens who are detained, and based on it they will be able to testify as soon as possible (and if they wish, publicly) before a competent judge who will hear the testimony to determine whether or not your arrest corresponds.
This enables all those who consider that their freedom is threatened in an irregular way, to appear before the justice and determine it effectively.
The action may also be invoked by third parties on behalf of the injured party, and its processing cannot be suspended due to the filing of holidays or judicial vacancies.
In addition to this, it does not have too many formal implications and can even be orally requested. These considerations, no matter how they seem formal, refer to the defense of the appeal even when the action of the State or the justice was in favor of these arbitrary arrests, or when the people did not have much instruction.
Examples of Habeas Corpus
Here are some examples of situations in which it is appropriate to request a writ of habeas corpus.
- When a person is receiving unjustified surveillance at their home.
- When the custodial penalties are unjustifiably aggravated.
- When a person is detained but cannot be located, it can be done through third parties.
- When a threat to freedom ceases, preventively for the future.
- When the judicial process is taking longer than necessary, maintaining the deprivation of liberty unduly.
- When the freedom of one person receives constant annoyance from another.
- When a person is detained illegally, habeas corpus restores their freedom immediately.
- When the deprivation of liberty is taking place in conditions that compromise health.
- Preventively, when there is a threat to your freedom.
- In all unforeseen cases, as long as the person considers that their freedom has been compromised without having been the product of a legal sentence.
- Examples of Human Rights
- Examples of Constitutional Guarantees
- Examples of Public, Private and Social Law
