Habeas corpus meaning
What is Habeas corpus:
The habeas corpus It is a legal procedure through which every detained citizen has the right to appear before a judge so that he can determine the legality of the detention.
Habeas corpus It is a Latin expression that literally means ‘may you have your body’, but we can also translate it as ‘present body’.
In this sense, what he seeks is to avoid habeas corpus they are arbitrary arrests or abuses by the authorities, as well as guaranteeing the personal freedom of the individual.
As such, it supposes a legal, quick and summary procedure to immediately bring any detained person to justice and verify the reasons and conditions of the arrest.
So when someone files a habeas corpusWhat he is looking for is to have his constitutional guarantee of freedom restored, which could be being violated.
As a legal instrument, the habeas corpus It is usually used by criminal lawyers to request the provisional release of their client, so that he can respond to their process in freedom.
Types habeas corpus
Habeas corpus repairman
The habeas corpus reparative would become the classic modality of habeas corpus, and in this sense its purpose is to restore the freedom of a person unduly detained or who continues in detention despite having already served the sentence, among other cases.
Habeas corpus corrective
It appeals to habeas corpus corrective when the conditions or the ways in which custodial sentences are served lack reasonableness or proportionality. In this sense, this procedure makes it possible to correct the conditions in which the person deprived of liberty finds himself, especially when these violate the right to life and the physical and psychological integrity of the individual.
Habeas corpus preventive
The habeas corpus Preventive is one where there is a risk that someone will be deprived of their liberty, by virtue of actions being advanced for this purpose, although their arrest has not yet been completed. Hence it is called preventive.
Habeas corpus restricted
What habeas corpus Restricted is known that intervenes when physical freedom or movement is constantly hampered or disturbed. It occurs when access to certain places is prohibited or restricted, monitoring or persecution is carried out, repeated police summons, continuous detention or home surveillance, all of which have no legal basis.
Habeas corpus translational
The habeas corpus Traslative is one in which the delay in a judicial process as well as other violations of due process or effective judicial protection is denounced. It occurs in cases in which the deprivation of liberty of an individual persists unduly or the jurisdictional determination that resolves their situation is delayed without reason.
Habeas corpus instructive
It is called habeas corpus instructive one that intervenes when it is not possible to know the whereabouts of a detained person. Its purpose is to guarantee liberty and personal integrity, as well as to avoid practices aimed at concealing an individual deprived of liberty.
Habeas corpus innovative
It raises a habeas corpus innovative in cases in which, although the threat or violation of personal liberty has ceased, jurisdictional intervention is requested to prevent the situation from repeating itself in the future.
Habeas corpus related
What habeas corpus related is called the one that is invoked in situations not foreseen in the habeas corpus above, such as when someone is denied the right to be assisted by a freely chosen defense attorney, or when a person is forced to take an oath or plead guilty, among other situations.
Habeas corpus Y habeas data
The habeas corpus and the habeas data they are legal instruments that protect the rights of a citizen.
The habeas corpus It supposes the right of a detained citizen to request that the reasons for his detention be reviewed by a judge, to avoid arbitrariness or abuse of authority.
The habeas data, for its part, is an action by which a person can request that the data or information that bodies, both public and private, have about them be made known to them.
In addition, the habeas data It allows the individual to demand that it be explained to him why he has said information and the way in which it is being used, as well as request that corrections be made, in the event that the information presented is false or erroneous.