1) Under what circumstances can a person be detained by the police?
In principle, a person may be detained by police COURT ORDER ONLY. A judge issued this order when there are reasonable grounds to suspect that it has engaged in the commission of a crime.
exception, a police officer may stop WITHOUT COURT ORDER FOLLOWING in cases:
a) flagrancy: when the person is caught in the moment you are commenting a crime, or immediately before or after committing the crime (for eg.: when is breaking the window of a business to break in and steal or even run to escape with just stolen items.) This is what is known as finding someone "red-handed."
b) investigation background: a police officer may arrest a person for the purpose of finding out abut your background when in "suspicious behavior" (this rule is not in the criminal procedure law but an internal police organization). The period of such detention is 8am. This figure is questionable because it leaves left to the discretion of the police in each case evaluate what is an "acting suspiciously", which allows completely arbitrary arrests, but was recognized by the jurisprudence of our courts.
2) When a person can be held incommunicado by the police?
The isolation is the complete isolation of the detainee, which is prevented from talking to others, personal or phone. Can be decided by the judge or the police themselves when there is danger of escape of the detainee or by interfering with the procedure (eg. By concealing evidence). The maximum term is 48 hours and can be extended only by the judge reasoned decision. Never should prevent the detainee incommunicado appoint an advocate and speak with him privately every time you make any procedural (eg before filing).
3) Can the police check people?
requisition is called personal. The police have faculatades but only with a court order that is issued when there are grounds for believing that the person carries it things related to a crime (eg. the weapon that was stolen or stolen item). The bill clarifies that in the case of a woman can only be revised by a female police officer.
4) Can the police take statements from the detainee?
interrogation is called summary. It can be taken by the police only with the consent of the detainee, can never force him to declare (for the constitutional principle that no one can be compelled to testify against himself). This statement is provided for the sole purpose of "guiding the investigation" should not be taken as evidence in the trial where the statement is valid is made before the judge.
Before giving the statement the detainee must be informed of the following rights:
a) to appoint defense counsel or the judiciary. If we do not trust a particular lawyer may contact a relative to be directed to the Provincial Courts where the Defender free (ground floor corner of Balcarce and Pellegrini) to request that we appoint a public defender;
b) to refrain from testifying without implying a presumption against . This means that the prisoner may testify or not as it sees fit, has no obligation to do so. And if it says can not be taken in recognition of the facts attributed to him. It is advisable, especially if we have not made contact with our lawyer, no declaration to the police, do so directly by the judge;
c) to testify before the judge ;
d) to indicate evidence if it thinks fit
5) When the judge should intervene?
The police must make available to the presiding judge to the detainee within 24 hours of arrest. If not the defender of the detainee or relative can attend the court on duty to request that the judge avoque up the matter. Provincial courts are open 24 hours every day of the year and there is an information office to which you may be asked to contact the police or the judge in turn. Within 24 hours of becoming acquainted the judge must take the arrested accused's statement. When this is not fulfilled and the person remains in detention for longer terms established by law the defense can always file a brief in court (habeas corpus) demanding an end to arbitrary detention and the person gets released.
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