¿Es la captura administrativa una medida aplicable en nuestro sistema normativo vigente?
The present paper seeks to analyze a measure of coercion of a personal nature, arrest, taking into account that the rules of the accusatory criminal system only provides for judicial arrestand catch in flagrante delicto but abandoned – or forgot – to legislate on administrative arrest. As a conseque...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2018
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6997366 |
| Source: | Misión Jurídica: Revista de derecho y ciencias sociales, ISSN 1794-600X, Vol. 11, Nº. 14, 2018, pags. 209-222 |
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| Summary: |
The present paper seeks to analyze a measure of coercion of a personal nature, arrest, taking into account that the rules of the accusatory criminal system only provides for judicial arrestand catch in flagrante delicto but abandoned – or forgot – to legislate on administrative arrest. As a consequence of the aforementioned and highlighting the importance of freedom for human beings, we want to review whether it is possible to apply the administrative arrest according to the current law or if, on the contrary, it is not possible in our current legal system. As a result, the figure of the administrative arrest will be studied in the light of the new National Code of Police and Coexistence and it will carry out a jurisprudential analysis of both positions that admit the administrative capture and those that reject this possibility; finally the author will provide a conclusion from his/her considerations. |
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