Habeas corpus is a legal remedy protected under the Spanish Criminal Procedure Act, designed to safeguard the right to personal liberty of individuals unlawfully detained.
Under the Criminal Procedure Act, habeas corpus is a judicial order requiring that a detainee be brought before a judge or court to determine the lawfulness of their detention. If a person considers their detention unlawful, they may file a habeas corpus petition for judicial review.
If the detainee’s rights (Art. 520 LECrim or Art. 17 Spanish Constitution) are violated, or if the legal requirements for detention (Art. 492 LECrim, i.e., the existence of a punishable offense and attributed participation) are not met, habeas corpus may be requested.
The petition may be filed by an attorney appointed in writing before the competent local court. Only a signature is required; no further formalities are necessary.
Habeas corpus constitutes a fundamental right protected by the Spanish Criminal Procedure Act and is considered an essential safeguard against unlawful detention and human rights violations. It also serves as a key mechanism to protect individual liberty and ensure that all detentions are carried out in accordance with the law.
In summary, habeas corpus is a fundamental legal instrument in Spanish criminal law aimed at protecting the personal liberty of detainees and ensuring that all detentions are lawful and just.
