Legal Safeguards in Criminal Procedure: Seizure and Habeas Corpus

Precautionary Measures (Economic and Real)

These are measures to ensure what we call the corpus delicti (body of the crime) and possible civil liabilities arising from the commission of the crimes. These measures are levied on real or personal property. The Criminal Procedure Code (CPP) does not place any limitations on the property or things that may be subject to this kind of measures. They relate to everything relevant to the offense, wherever the items are located. These are security measures and conservation of properties and things that should be assessed by the court later.

Seizure of Property and Evidence

Seizure is the method of enabling the subsequent disposition of the things that must be secured. No specific procedural decision in the form of a judicial ruling is required; it is an act of direct coercion that is accomplished by the judge during the inspection of the crime scene. It is documented by an official record (or acta) which shall specify the place, time, how the items were found, and a description of them.

Legal Deposit of Seized Items

Only goods or things that the judge deems relevant evidence shall be subject to legal deposit; all other seized items must be returned to their rightful owners.

Habeas Corpus: Right Against Unlawful Detention

Habeas corpus is the fundamental right of every citizen, arrested or imprisoned, to appear immediately and publicly before a judge or court for a hearing. The purpose of this hearing is to decide whether the arrest was legal or not, and whether to maintain or lift the detention. Its aim is to restore the previous state following deprivation, disruption, or threat to these rights. This procedure is summary (urgent) and potentially applicable.

Who Can Request Habeas Corpus?

Those who are entitled to initiate the procedure are:

• The detainee.
• The detainee's spouse, descendants, ancestors, and siblings.
• The Ombudsman.
• The Public Prosecution.

The competent magistrate has jurisdiction over the application, pending before the magistrate on duty at the place where the person deprived of liberty shall be found or the place where news of their whereabouts was last received. The duration of these court proceedings is 24 hours. The procedure is initiated by writing, and the intervention of a lawyer or attorney is not necessary.

Formal Requirements for the Application

The application, submitted to the magistrate, shall be in writing or by appearance, and must state:

1. The name and personal circumstances of the applicant and the person on whose behalf the request is made.
2. The place where the detainee is held, the authority or person in custody (if known), as well as other circumstances which might be of relevance.
3. The reason why habeas corpus is sought.

The official, public servant, or authority under which the prisoner is held is obliged to inform the judge of the request for habeas corpus; otherwise, they may incur criminal and disciplinary responsibilities.