This post is also published in World Forum misdemeanor of APP, for those who want to participate there have the link ..
not want to generalize, but it happens a lot in the area of \u200b\u200bthe City that advocates are reworked to intervene and to have an interview with a defendant who comes to your home, if you do not have the formal designation of the prosecutor. Often happens where the Public Defender rejects any Judge's view on the grounds that it has not been designated by the defendant. A real story here, no names ofcourse not to personalize the issue, which is not what interests me. Transcribing any legislation before it is understood that the procedure. Offences Procedure Act Artículo21 º - STEP OF THE PRECAUTIONARY MEASURES. Precautionary measures taken must be reported immediately to or the Prosecutor. If this were poorly understood adopted, ordered to rescind. Otherwise, gives speech to the judge. In a case of flagrante delicto, by art. 85 (carrying unconventional weapons in another post there was talk of such misdemeanors), the defendant was abducted a gun plastic. The attorney when you receive the proceedings must apply to the court's validation of the measure (the abduction) under art. LPC 21 unless it finds that it was not properly adopted. At that time the court may validate (actually validates police procedure). Note that there is a double judicial review (the prosecutor and the judge supported the measure) on the police action. After hearing the judge runs the defender (The accused obviously to appointed counsel there, in fact still not learned that this instance the procedure.) The defense disputes the view saying that should not be issued under that was not designated by the person !!!!!!!!!!!!! It's strange that a defendant did not know who should intervene and protect the interests of the accused and for that work and get paid. Especially considering that you lose the ability to question police procedure and refer the unusualness of the behavior and the consequent dismissal of imputado.Lo all he does is raise the defense that and returned the case to the judge, who referred him to the Prosecutor without further . This happened many times, but in case I want to say, the judge who receives the reply of the defense, sending the case to the Advocate General who luckily put in place to advocate and tells him to intervene, as they may be affected rights of the accused. What's worse is that the cause becomes the defender and the defender just sign the receipt of the issued and returns no on anything! What about the official defenders of the city?
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