Freedom is an inalienable right enshrined in Article 44 paragraph 1 Constitution of the Bolivarian Republic of Venezuela.
"(...) Personal liberty is inviolable thus:
1. No person may be arrested or detained except by virtue of a warrant, unless caught in flagrante delicto. In this case be brought before a judicial authority in a time not exceeding forty-eight hours from the time of arrest. Shall be deemed released, except for reasons determined by law and assessed by the judge in each caso. / The bail as required by law for the release of the detained person will not cause any tax (...) "
In fact order the release of an accused or any person, issue of deprivation of liberty the same or accused or protective measures referred to in the standard criminal adjective, in a purely judicial process, ie ONLY can do JUDGES in their functions and powers as appropriate.
is important to note that the Public Prosecutor's Office only has the power to apply measures deemed necessary depending on the severity of the crime.
In the case that law enforcement agencies arresting a citizen in an alleged commission of a crime these within the legal period must notify the Public Prosecutor's Office, and once it verifies the facts and determines that the detention is contrary to the Constitution and laws, it shall so inform the judge and request the immediate return reasoned manner of freedom.
This being the thesis, the prosecutor must obtain all the elements of proof to determine the responsibilities that would place the officials who conducted the said arrest.
As we read only the judge or magistrate has the power to order detention or release of any person within the legal budget.
the purpose of preventing illegal or unconstitutional arrests occur, it is necessary to continuing surveillance by the Ministry Public Prosecutors , not just merely having contact telephone ( if any) with law enforcement agencies when there is an arrest, where they can not determine a certain the facts so that any person arrested to make more effective prosecution must be adequately prepared to monitor and control, its subsidiary, arising directly when an arrest for running genuine zeal for the law and thus any way to prevent police abuses (Bribes, torture, etc.) victims everyday citizens.
Joseph F. Monaza M.
Graduated from the Universidad Nacional Experimental "Rómulo Gallegos" SUCRE
FOUNDATION MISSION Monaza17@hotmail.com
http://asesorialegalenvalledelapascua.blogspot.com/
0 comments:
Post a Comment