Understanding Habeas Corpus, Police Certificates, and Catalan Autonomy

Habeas Corpus Procedure

The writ of habeas corpus is a constitutional right (Article 17). The detainee must be brought before a judge as soon as possible. It is a fast and simple procedure that reflects the right of any citizen to request an immediate appearance in court for arguments, after which a ruling is made on whether their arrest was legal or not.

Formal requests are not the only way to forward the request; a lawyer is not necessary. When does an arrest initiate the process of habeas corpus? When the detainee has not been read their rights, when the detainee is not in the place that legally pertains to them, or if there are delays in terms of temporary detention.

Jurisdiction for Habeas Corpus

The examining magistrate where the detained person is located has jurisdiction to hear habeas corpus cases. Who can apply for habeas corpus? The detainee, their family or spouse, the prosecutor, the judge of instruction, or the ombudsman. Counsel for the detainee may also apply for habeas corpus. From the start of proceedings, the judge has 24 hours to decide, and if they consider that the detention is not lawful, they will either release the detainee or bring them before a judge.

The Police Certificate

A police certificate (BAP) is a sworn police affidavit where police actions are recorded during the investigation of a crime. The BAP is a record of proceedings. In the elaboration of the statement, there are two figures: the instructor, who is responsible for the measures and always has a secretary (this is not always needed). There can also be experts and witnesses who have been involved. The BAP is more than just a complaint. Within 24 hours, the judge of instruction must be informed. Certain measures have probative value, e.g., ocular inspection must ratify the oral hearing. The BAP initiative can be initiated by police, by order of the judicial complaint, or by persons (the victim) either in police or court, or via phone call. The record concludes with the words "record and certify."

The Statute of Autonomy of Catalonia

It is the institutional norm that the General Courts of Catalonia and Spain have agreed to grant autonomy and self-government, setting the margins of this area. It was approved by the General Courts and endorsed by the citizens of Catalonia. It includes, inter alia, the institutional systems that organize the Generalitat de Catalunya, the powers they have, the rights and duties of citizens, the institutional relations of the Generalitat, and the financing of the Government. To cite some articles of the statute, Article 13 states that Catalonia can create its own police force. This article is divided into Catalonia's powers and the powers of the state, but as for the judicial police, neither Catalonia's powers nor the powers of the state are mentioned, but rather a separate point that refers to the LOPJ, where it is stated that all the judicial police may exercise their functions generically. From the statute derive two Acts of Parliament of Catalonia: Law 10/94, which performs the function of regional police, and Law 16/91, which develops the functioning of the police and judicial police.

Functions of the Police

• Prevention: Activities that prevent crime, offense, and administrative sanctions (traffic).
• Reactive or Repressive Function: The ticket has already been given; the police to suppress the subject requires immediate action. Also, it may be that the crime has not yet been committed, but is about to be committed, then we'll talk about prevention rather than repression.
• Care: Providing necessary assistance and information on social resources and scope.

Dependence of the Judicial Police

The judicial police has a dual dependence:

• Organic: Dependence on an organ of their body, which reports to the executive.
• Functional: Depends on another foreign entity; these officers receive orders and directives from this entity, which is the judiciary (judges, prosecutors) who entrust the investigation. Therefore, the judicial police command depends on their administration and their function, but can work for judges and therefore by the judiciary, so has a dual dependence.