Habeas Corpus and Legality Principles in Detention
Habeas Corpus: Ensuring Lawful Detention
Habeas corpus mandates the immediate presentation of a detainee before a judge to rule on the legality of detention, as per Article 17.4 of the Constitution. This procedure focuses solely on the immediate pre-trial detention, serving as a means to cease irregular deprivation of liberty. The application for habeas corpus must be made to the judge where the person is detained and can be initiated by:
- The detainee, spouse, or similar relation, descendants, ascendants,
Elements of Offense: Unlawfulness and Justification
Unlawfulness in Criminal Offenses
One element of an offense is unlawfulness, defined as conduct contrary to law. Unlawfulness can be formal or material, where material unlawfulness injures or endangers a legal right. Some argue for criminal unlawfulness outside the legal field, such as cultural norms.
Type of Conduct
Conduct is described in criminal law because the legislature deems it worthy of protection. A person performing the conduct described in criminal law is engaging in a typical action. Typically,
Read MoreVenezuelan Fiscal Control: Account Demise and Management
Article 55
The Comptroller General of the Republic, via resolution in the Official Gazette of the Bolivarian Republic of Venezuela, issues instructions and establishes policies, standards, criteria, and systems for examining, qualifying, and declaring the demise of revenue accounts, expenditures, and assets of entities or bodies listed in paragraphs 1 to 11 of Article 9 of this Act. This also includes funds managed by private sector entities or persons from these authorities and agencies to meet
Read MoreCitizen Participation and Social Welfare in Spain
Political Structure
Currently, our system features a Head of State. The legislature collaborates closely with the executive, fostering a relationship of trust. The General Council of the Judiciary (CGPJ) governs the judiciary but depends on the executive.
The Constitutional Court (TC) is a judicial body that doesn’t belong to the judiciary. State law holds all power. Article 9 mandates that citizens and public authorities adhere to the Constitution (EC) and other regulations. This includes:
Principles
Read MoreLegal Procedures: Entry, Registration, and Communication Oversight
Item 8: Diligence Registry Entry and Enclosure
The measure of entry and registration is regulated in Articles 545 to 572 of the Criminal Procedure Code (CPP). It is noted that the inviolability of the home is a fundamental right enshrined in Article 18.2 of the Spanish Constitution. Consequently, registration must meet certain requirements. The budget states that there must be indications that the place is associated with the accused, or that it contains effects or instruments of a crime, books,
Read MoreTraffic Law: Penalties and Vehicle Retention
Recidivism
Article 177. Repeat offenders will have their penalty doubled.
Surplus, Passengers, and Cargo
Article 178. The competent authority will prevent vehicle movement when determining excess passengers or cargo until people are transferred or the overload is released, subject to punishment.
License or Professional Driving Suspension
Article 179. License or professional degree suspension will be applied as follows:
- Three (3) months: Driving vehicles not authorized by the license.
- Six (6) months:
- Drivers