Capture of Public Servant. Requirements and Substantial habeas corpus

The capture of the public servant in a criminal investigation is subject to special rules and different to those for the capture of individuals, since the imprisonment of an official can affect continuity, speed and efficiency of the civil service, an equally important constitutional value. Therefor...

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Detalles Bibliográficos
Autores Principales: Gómez Pavajeau, Carlos Arturo, Farfán Molina, Francisco Javier
Formato: Online
Lenguaje:Español (Spanish)
Publicado: Instituto de Ciencias Penales y Criminológicas 2015
Acceso en línea:https://revistas.uexternado.edu.co/index.php/derpen/article/view/4485
Descripción
Sumario:The capture of the public servant in a criminal investigation is subject to special rules and different to those for the capture of individuals, since the imprisonment of an official can affect continuity, speed and efficiency of the civil service, an equally important constitutional value. Therefore, as a rule capturing the public servant must be preceded by a request for suspensión by the prosecution, and to proceed without suspension, the prosecutor in his providence should motivate the reasons and arguments why not affects the normal functioning of public administration. The lack of motivation for this essential aspect, affords a fact that becomes appropriate procedural habeas corpus as an effective mechanism guarantees of personal freedom. Similarly appropriate habeas corpus when catching public server ordered by a prosecutor without functional competence to advance research, by setting a path made by organic defect.