The protection of freedom of all citizens, is a guarantee that human rights concerns, and it has understood the spirit of the legislature declined in our legal system, where we mentioned, Article 44 in item I of the Constitution of the Bolivarian Republic of Venezuela (CRvB), stating that no person may be arrested or detained except by virtue of a warrant.
However, when there are arbitrary arrests and detentions, we have at our disposal, The HABEAS CORPUS , basic tuition from the sphere of individual freedom as a real protection to the citizens, protected under article 27 of the CRBV, explaining that all persons to be protected by the courts in the enjoyment and exercise of the rights and constitutional guarantees.
In this context, the Law on Protection of Rights and Constitutional Guarantees (LOADGC), specifically in Title III, sets out the powers that govern such a very special process and specified in Article 7 in his last paragraph that: The purpose of this action is to request the immediate release of the person or persons wrongfully withheld, and materializes in writing or orally to the clerk of the court, telling a clear and detailed all the facts, noting witnesses, if any, indicating who made the arrest void and exactly where it took place.
Only the Courts of First Instance Criminal jurisdiction to hear and decide on the defense of personal freedom and security that no other court has jurisdiction.
is important to note that this guarantee only head who was born in has been undermined the enjoyment and exercise of their fundamental rights and / or any person who manages in favor of that, in writing, orally or by telegraph, without the assistance of counsel, and the judge must determine whether the request met very special procedure laid down in Article 38 et seq LOADGC, among which is the marking of the offending organ and the circumstances in which the arrest occurred in the city, which involves a ESSENTIAL REQUIREMENT for bringing this action, So is the offensive the taxpayer of this procedure, against whom the decision would work in this action is issued, upon receipt, will open a preliminary investigation, the officer immediately ordered in whose custody the person aggrieved is to report within twenty-four (24) hours, of the reasons for the denial or restriction of freedom.
Habeas Corpus has been provided as security to any citizen who is living or residing in this country to safeguard their freedom and personal security, surveillance to which the law has identified a expeditious manner in order to restore the broken status to this person who is in custody, the court must answer following questions, DETENTION WHY HAS NO LEGITIMATE BASIS?, WHY WAS ISSUED BY A THIRD BODY OR INCOMPETENT?, WHY IN THE SAME NOT MET THE LEGAL PROCEDURES AND FORMALITIES?, as the case of disrespect to the times detention; IS REQUIRED the judge in the device of their sentence, apply, and then agree A COMMAND OF FREEDOM OF CONCERNED, obligation that arises as a constitutional mandate, I repeat, if not complied with the requirements in the law.
Abg. Joseph F. Monaza M.
Monaza17@hotmail.com http://asesorialegalenvalledelapascua.blogspot.com/
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