Constitutional Rights: Resource Protection & Appeal

Posted on Feb 13, 2025 in Criminology

Resource Protection, Article 20 Constitution

Requirements for concurrence:

  1. Acts or omissions have occurred.
  2. Because of these acts or omissions, an individual is privately, disturbed, or threatened in the legitimate exercise of a constitutional right or guarantee.
  3. These rights are outlined in Article 20 EPC.

Acts or Omissions: Arbitrary or Unlawful

  • Arising out of any third party, excluding courts or law.
  • The illegal act may refer to: Violation of the law.
  • The illegal act: No rational basis.
  • The constitutional protection applies to one who is in the legitimate exercise of the right or interest.
  • Right of action: the injured party recurring to the act or omission by the holder.
  • Grounds for appeals: it is against one who violates the fundamental right.

Processing

  1. The individual attends either by themselves or anyone acting on their behalf, able to stand trial.
  2. Court of Appeals lodged with respective fatal within 30 days from the execution of the act.
  3. The court will assess whether or not the point brought out of time events that violate the securities is declared inadmissible, which will only be open to appeal for reinstatement to the same court within three days.
  4. If the appeal is welcomed, the appeals court will order that the person is informed (as), official, or authority that caused the act or omission arbitration, issues report.
  5. After receiving the report, the court orders to bring him cars.
  6. You cannot innovate decree order or other proceedings.
  7. Affected people may be part of the appeal.
  8. Court assessed according to sound criticism.
  9. The ruling issued will be appealable to the Supreme Court, and the appeal fails under the 5th working day (C. Appeals).
  10. Case shall be notified personally or by the state daily.

Appeal of Amparo, Article 21 Constitution

Protects:

  1. Personal freedom
  2. Individual security

Requirements to concur, established in the constitution:

  1. Proceeds regarding this individual arrested, detained, or imprisoned in violation of the provisions in the constitution or laws (Amparo correct).
  2. All persons who unlawfully suffered any deprivation (Amparo Preventive).

When there is an order of attachment, arrest, imprisonment, it is from the action

  1. Emanated of authority that has no such authority.
  2. Expedited outside the cases provided by law.
  3. Dictated in breach of certain formalities.
  4. Dictated with a history that justifies it.
  5. When judge takes evidence to the detainee within 24 hours, since it was made available.
  6. What brought directly interested or concerned, or anyone in your name can appear.

How do I file?

It is subject to compliance with any formality.

Term

  • No time limit fixed by the constitution.
  • You can bring the action during the pendency of the arrest warrant or detention or while you are arrested or detained unlawfully or arbitrarily.

Competent Court

  • Brief and summary procedure.
  • The Court of Appeals meets in room and fails within 24 hrs. If you investigate any court outside the seat will increase the period to 6 days.

Effects of the Sentence

  • Competent tribunal (author’s part), may order the person to be brought in the presence of the court (habeas corpus) or any of the ministers will visit the scene where he is (to see and hear) and provides or not liberty.

The Tribunal can

  1. Decree immediate release of the affected.
  2. Correct legal defects and report to appropriate persons.
  3. Put the individual to the competent judge.
  4. Ensure affected due protection.

Appeal

They appeal to the Supreme Court within 24 hrs.