The cases of police arrests and prosecutions are increasing.
In recent times, the cases of POLICE ARREST to be brought to JUDICIAL DISPOSAL by the DETAINEE are increasing, when really, the ARREST is an EXCEPTIONAL measure.
As published today, as legal information in an interview granted by (RINBER Criminal Lawyers, Directed by Javier and Manuel Rincón Bernal, the cases in which a person is called by the police to go to the police station, and who ends up detained by the police, to later go to court, are shooting up.
He specialist law firm ASSISTANCE TO DETAINEES, 24 HOUR EMERGENCIES (RINBER ABOGADOS PENALISTAS), explain that «Lately, we are observing too regularly, that the mechanism of the "POLICE ARREST for JUDICIAL DISPOSAL" is being used, perhaps, excessively, and this fact is worrying ».
The arrest of a person or their entry into a dungeon or prison is an exception to the general rule that must be freedom, or where appropriate, the provisional release with some kind of precautionary measure. Some type of measure can be imposed, type of bail, type of obligation to appear weekly in court, etc...
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«It is true, (and we are not going to deny that, affirm Javier and Manuel Rincón, criminal lawyers, detainee assistance specialists), that there are certain crimes that due to its seriousness, or that due to the length of his sentence, "they may advise" the fact of proceeding with the provision of police detention to later bring them before the courts, as an investigated person, but this cannot be extrapolated to all cases. crimes.
We have had to witness, undaunted, the arrests of women who, for one reason or another, have reported the theft of a bag (on many occasions because the money from the purchase was spent on other necessities), who for this reason have passed the night in the dungeon. And that is not reasonable.
But EXCEPTIONALITY cannot be converted into GENERALITY. Does this mean, (affirm, Javier and Manuel Rincón, criminal lawyers, specialists in assistance to detainees), not everyone who receives a call to go to the police station to testify can be arrested, taken to jail (with all that this entails), detained for a long period of time, which can take up to 72 hours, so that then the judge agrees the provisional release with or without bail.
And it is that, from our point of view, the fact of calling a person to make a statement at the police station, and that EFFECTIVELY GOES TO DECLARE, is already a VERY SIGNIFICANT fact, of being a person, with a clear predisposition to COLLABORATION WITH JUSTICE. We find it embarrassing, and that is why we denounce it, that in some cases, despite appearing to testify at the police station, preventive detention is carried out. It is NOT acceptable.
On occasions, faced with this type of detention, EXCESSIVELY RIGOROUS, (affirm Javier and Manuel Rincón, criminal lawyers, specialists in assistance to detainees), we find ourselves in the obligation to start up the HABEAS CORPUS mechanism, so that a judge determine whether or not the police detention meets the criteria established by the Criminal Procedure Law.
About Rinber Lawyers
Rinber Abogados Penalistas is a law firm specializing in criminal law, who have been providing criminal legal advice throughout the national territory for more than 20 years.
As professionals, in Rinber Lawyers with offices in Malaga, Madrid and Granadato They are considered among the best specialists in criminal court matters, to advise and defend their clients when they need it. "Always available" is the key to success, together with the fact of taking each issue as if it were the first and last thing you are going to do in your professional life. Passion for their work, dedication and perseverance are the strongholds of these twins, who are currently at the forefront of Spanish criminal law.
For any doubt, they urge you to consult with your Criminal Lawyers.
