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When can a person be arrested?, When can a policeman arrest a person?, How long can a person be detained without a warrant?, Requirements to be able to detain a person?, When can they stop me?, When is an arrest made?. The issue of POLICE ARREST is a topic that greatly worries our readers. There are many of you who contact us via e-mail, so that we can resolve the issues that we have raised.
When can a person be arrested??
To resolve all these questions, we have in our writing of Malaga, with the PRESTIGIOUS CRIMINAL LAWYERS, (JAVIER and MANUEL RINCÓN BERNAL, Directors of RINBER LAWYERS), chosen from among BEST CRIMINAL LAWYERS IN SPAIN 2,021, by different renowned publications, at the legal and judicial level.
Go ahead, we do not intend with this article, to make a transcript, (which amounts to a "cut and paste"), of what the Criminal Procedure Law establishes in relation to the ARREST OF A PERSON. Not much less. As we usually say in the writing of LEGAL INFORMATION, "for that, there are others."
After this brief introduction, we are going to ask JAVIER and MANUEL RINCÓN BERNAL to answer all these questions, in the least technically possible way, so that we can understand everything perfectly.
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So on with the questions: When can a person be arrested?, When can a policeman arrest a person?, How long can a person be detained without a warrant?, Requirements to be able to detain a person?, When can they stop me?, When is an arrest made?.
When can a person be arrested?
Basically, there are two possibilities, (mainly), the first one, in flagrante delicto. What is flagrante delicto? The flagrante delicto is, basically, that this crime is being committed at that moment. An example;
“A patrol car, driving down the street, sees how a thief is trying to gain access to a house. The police officers get out of the car, stop him, take him to the cell, and after spending the night there, they take him to court the next day..”.
This would be the first case of one of the circumstances in which can you arrest a person. The second case where can you arrest a person, is usually also common. We already discussed in one of our previous articles, the classic “THE POLICE HAS CALLED ME TO STATE”.
Sometimes, once the police take a statement from that person, they can opt for the decision of stop a person. It is true, (affirm, JAVIER and MANUEL RINCÓN BERNAL, Directors of RINBER LAWYERS), chosen among THE BEST CRIMINAL LAWYERS IN SPAIN 2,021), who "sometimes go too far", in the decision of stop a person.
The truth. Well, we have been given cases, in which we have gone to accompany a person to testify, and despite being present in some legal proceedings, the "policeman on duty" has decided, in an "absolutely inappropriate" manner, to leave the client detained , (later they had to release him), but that "bad moment" is not forgotten by either the client or us. And it is that, some, (because there must be everything in the vineyard of the Lord), "are too zealous."
Why do we affirm this? Simple. Let's see, (JAVIER and MANUEL RINCÓN BERNAL state), the only justification that can you arrest a person, comes from the fact that, after that police arrest, it could be intuited that this person is determined to abstract himself from the action of justice, but THIS STANDARD CANNOT BE APPLIED TO EVERYONE. It is clear that there will be those who intend not to appear before the Judge, but not everyone does that. So let's not get down to stop a person without a minimum justification, please.
When can a policeman arrest a person?
We have discussed it in the previous answer, (¿When can a person be arrested??), there are basically two. A POLICEMAN CAN ARREST A PERSON who is committing a crime at that time, or when after rendering POLICE STATEMENT, consider the agent of the authority that is not going to appear in judicial presence, before the appeal of the Court. Mind you, this is HIGHLY SUBJECTIVE, that is.
On many occasions, (and this is what we have been discussing throughout this article), (as stated by JAVIER and MANUEL RINCÓN BERNAL, Directors of RINBER LAWYERS), as it is the policeman himself who decides whether or not that person is going to abstract from the judicial appeal, since he is the one who has the FINAL DECISION on the ARREST OF A PERSON, which is sometimes very unfair, since they pay "just for sinners ”.
How long can a person be detained without a warrant?,
Normally, it has been that within a period not exceeding twenty-four hours, the police bring that person to justice. Of course, if you call the police station, possibly they will not attend to you or they will not give you explanations of any kind. For this, it is necessary to have the services of a lawyer specialized in police arrests, (affirm, JAVIER and MANUEL RINCÓN BERNAL, expert criminal lawyers), Depending on the procedures and the lesser or greater complexity of the case, the police arrest It can be extended up to seventy-two hours.
Requirements to be able to detain a person?
More than Requirements to be able to detain a personWe like to talk more about circumstances. It seems more appropriate. To be able to stop a person there have to be some very special circumstances, not in vain, the stop a person, “it is not a joke”, because it is still a deprivation of a fundamental right, and therefore to be able to stop a person, there must be a series of weighty circumstances, such as those that we have been commenting on throughout this article.
When can they stop me?, When is an arrest made?.
It seems that these two questions can be solved together, right? He When can they stop me?, and the When is an arrest made?. It is answered in a simple way. If they see us committing a crime, or as we have mentioned before, if the police doubt that we will go to court.
So far this interesting article. Grateful to JAVIER and MANUEL RINCÓN BERNAL, Directors of RINBER LAWYERS), chosen among THE BEST CRIMINAL LAWYERS IN SPAIN 2,021.
