Habeas Corpus Definition and Meaning
The habeas corpus is a legal procedure by which a detainee citizen has the right to appear before a judge to determine the legality of the detention.
Habeas corpus is a Latin expression that literally means ‘have your body’, but that we can also translate as ‘present body’.
In this sense, what he seeks is to avoid habeas corpus are arbitrary arrests or abuses by the authorities, as well as guaranteeing the personal freedom of the individual.
As such, it involves a quick and summary legal procedure to immediately put all detained persons at the judicial disposition and verify the reasons and conditions of the arrest.
Thus, when someone files a habeas corpus, what they are looking for is that their constitutional guarantee of freedom be restored, which could be being violated.
As a legal instrument, habeas corpus is usually used by criminal lawyers to request the provisional release of their client, so that he can respond to his process in freedom.
Types of habeas corpus
Habeas corpus repairman
The habeas corpus reparador would be the classic modality of habeas corpus , and in that sense it is intended to restore the freedom of a person who is improperly detained or who continues in detention despite having already served the penalty, among other cases.
Habeas corrective corpus
The corrective habeas corpus is appealed when the conditions or the ways in which the custodial sentences are met lack reasonableness or proportionality. In this sense, this procedure makes it possible to correct the conditions in which the person deprived of liberty is found, especially when they violate the right to life and the physical and psychological integrity of the individual.
Habeas corpus preventive
The habeas corpus preventivo is one where there is the risk of someone being deprived of their liberty, by virtue of actions being taken for this purpose, even if their detention has not yet been finalized. Hence it is called preventive.
Habeas corpus restricted
As habeas corpus restricted, one who stands in the way of physical freedom or displacement is constantly impeded or disturbed is known. It occurs when access to certain places is prohibited or restricted, follow-ups or persecutions are carried out, repeated police summons, continuous withholdings or home surveillance, all of which lack legal basis.
Habeas corpus translational
The habeas corpus traslativo is one in which the delay is reported in legal proceedings and other violations of due process or judicial protection effective. It occurs in cases where the deprivation of liberty of an individual persists unduly or is delayed without reason the jurisdictional determination that resolves his situation.
Habeas corpus instructive
It is called habeas corpus instructive that it gets when it is not possible to know the whereabouts of a detainee. Its purpose is to guarantee freedom and personal integrity, as well as avoid practices aimed at concealing an individual deprived of liberty.
Habeas corpus innovative
An innovative habeas corpus is considered in cases where, although the threat or violation of personal liberty has ceased, jurisdictional intervention is requested to prevent the situation from recurring in the future.
Habeas corpus related
As related habeas corpus is called the one who is invoked in situations not provided for in the previous habeas corpus , such as when someone is denied the right to be assisted by a freely chosen defense lawyer, or when a person is obliged to take an oath or declare guilty, among other situations.
Habeas corpus and habeas data
The habeas corpus and habeas data are legal instruments to protect the rights of a citizen.
The habeas corpus involves the right of a detained citizen request that the reasons for their detention reviewed by a judge, to avoid arbitrariness or abuse of authority.
The habeas data , meanwhile, is an action by which a person can apply that knowledge make your data or information agencies, both public and private, have it.
In addition, habeas data allows the individual to demand that they explain why such information is available and how it is being used, as well as request that it be corrected, in the event that the information presented is false or wrong.