Criteria for legal assistance to the detainee


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Is It is important to know the criteria for legal assistance to the detainee in police and/or judicial establishments. The Constitution expressly to these circumstances, establishes terms in its article 17.3 where it is considered part of the freedom. Likewise, it is appreciated in said space, as a guarantee of the right to freedom, protected by No. 1 of said article.

Legal assistance implies guardianship or assistance within the legal framework to the defendant for the charges in criminal proceedings. These aspects have been identified in Article 24.2 of the Constitution, which specifically expresses what should be done.

Criteria for legal assistance to the detainee
Criteria for legal assistance to the detainee

What are the criteria for legal assistance to the detainee?

The criteria for legal assistance to the detainee are important to carry out the corresponding processes. It must be taken into account that there is a difference between the one established during the start of the police proceedings. In comparison to what is provided during the criminal process in particular, where more than the established precept is covered.

Without exceeding what is indicated in Article 17.3 of the Constitution of Spain, particularly these legal texts, comprise two concepts. Where a difference is established between the two, although they maintain a relationship in parallel with those appreciated internationally. In which elements are expressed in specific coherence with matter.

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The relationship is within its Articles 5 and 6 of the European Convention on Human Rights. Also in Articles 9 and 14 of the Covenant on Civil and Political Rights, which stipulate similar legal aspects. In them, you can find what should be considered within the assistance and guardianship of the detainee for charges and criminal commission.

Legal assistance to the detainee, as mentioned above, is established within article 17.3 of the Constitution. However, this is developed by the Organic Law, in its No. 14/83, of December 12. Where the article that is still in force is used, it is 520 of the Criminal Procedure Law. 

What does legal assistance to the detainee consist of?

As mentioned previously, the framework meter is developed that establishes the Organic Law 14/83, of December 12. However, it enacts an article that remains in force within the Criminal Procedure Law. Where it is stipulated in detail, what this action that is part of the rights of the detainee consists of and what the lawyer can choose.

The legal text is clear and concise in the aforementioned aspect, where the referral must comply with established terms. Which are already within it, consequently, rules that regulate the activity are issued. But they do not prevent it from being executed, nor do they hinder its development, only when it is not fulfilled within the established framework. Therefore, it is established below:

  • Request to be notified in the case, of the detainee or accused, their rights established within the law. Subsequently, the medical examination dictated in the text is carried out.
  • Request the relevant authority or official who have already carried out the procedure where the lawyer was present and intervened. Once it is completed, begin the extension of the topics covered, as well as the minutes in case of an incident during its development.
  • Subsequent meeting or interview with the defendant once the practice of the diligence where the intervention has already been carried out has been completed.

legal criteria

– The first criterion is related to the activation of this right, which is not presented by the declaration in the proceeding. Rather, on the contrary, it is carried out by the arrest of the citizen in question, for which reason he requires assistance. Which helps you to have knowledge about the processes that will be carried out. 

– One of the criteria for legal assistance to the detainee is that the same, must be carried out inside the police station or detention center. 

– Since the defendant's arrest for a crime, legal assistance is necessary.

In the event that the detainee has not appointed a lawyer, the pertinent authorities such as the judicial police, public prosecutor, or another, will request a lawyer to the bar association to appoint one to the defendant. 

– The lawyer must provide assistance to the accused quickly and concisely. However, you have a maximum of 8 hours for it.

– The lawyer can attend the practice, for the same, you must identify yourself to officials with your professional card and bar association to which you belong.

– The lawyer can maintain communication with the accused during his stay in the detention center. However, it cannot be of a reserved nature until the declaratory act is made. 

- He lawyer who will assist the accused, has the powers to request information about the case from the police headquarters where he is located. This way you can obtain informative data about the detention and the procedures of the same. They also have the right to a reserved interview with the detainee.

– You do not have any right to have knowledge about police content during your assistance at the police station. 

its development

When applying this element, its characteristics are appreciated, where freedom in relation to the legal norm stands out. This in terms of its development, taking into account the remarkable extension within the stipulated. Which is found in article 17.3 of the Spanish Constitution, however, its application is current. This is due to aspects not used in the past by legal operators.

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