The search and capture order

shetu24

There are certain cases in which, during the course of a criminal case, a search and arrest warrant must be issued against a person prosecuted in it. We can help you At Dexia Abogados we are lawyers specializing in procedural law . If you need an office with extensive experience in Criminal Law, contact us and find out without obligation . CONTACT US What is a search and arrest warrant? In reality, what is usually called a search and capture order is called a requisition in legal terms. The requirement is regulated between articles 835 and 839 bis of the Criminal Procedure Law (LECrim) , which are found in Title VII ( Procedure against absent inmates ) of Book IV (Criminal procedures) of this law. According to article 835 of the LECrim , it is a judicial order that is issued in the course of a criminal procedure, by which the defendant is called and searched for: When you are notified of a judicial resolution, you are not at home because you are absent, in case you do not know your whereabouts, and you do not have a known address. He has escaped from an establishment where he was detained or imprisoned.

Being on provisional release, he stops attending court on the day he is assigned or when he is called. Immediately that a defendant is found in any of the cases of the previous article, the Judge or Court hearing the case will order to issue requirements for his summons and search. Article 836 of the Criminal Procedure Law What content should the search and capture order have? The request must contain the following information: Name and surname of the accused. Your position, profession or trade, if applicable. Signs by which he can be identified. Crime for which you are being prosecuted. Territory in which DM Databases it is presumed to be located. Prison to which he must be taken, unless no prison or detention has been ordered . Circumstance by which the request is issued. Term in which the absent defendant must appear, under warning that otherwise he will be declared a rebel and the damage that this entails in accordance with the Law. What happens if the defendant does not appear after the search and capture order is issued? In the event that the absent defendant does not appear or present himself within the period indicated in the summons, he will be declared in default.



Once the period of the request has elapsed without the absentee having appeared or having been presented, he will be declared rebel. Article 839 of the Criminal Procedure Law Can a search and arrest warrant be issued against a legal entity? Yes, an accused legal entity can be summoned by summons if it is not possible to summon it for the first appearance because there is no known registered office , according to article 839 bis of the LECrim. In this case, the requirement must contain: The identifying data of your identity. The crime charged. Your obligation to appear within the established period, with a Lawyer and Attorney, before the Judge hearing the case. 1. The accused legal entity will only be called by means of a summons when it has not been possible to summon it for the act of first appearance due to lack of a known registered office. 2. In the legal person's request, the identification data of the entity, the crime with which it is charged and its obligation to appear within the established period, with a Lawyer and Attorney, before the Judge who knows the case will be recorded.