Concept in Definition ABC

The word detention has two different meanings. On the one hand, it refers to the action by which an object stops moving, that is, it stops. On the other hand, it refers to the action by which someone is deprived of his Liberty. Thus, in one sense it is a concept related to physics and in the other to the legal field.

The arrest in physics

An object in movement stops due to force friction, also known as friction force. If an object with a given mass is moved by a force acting on it, this causes an acceleration. However, this movement has forces that prevent or hinder the displacement. This difficulty is the friction force, which causes the object to stop, since it acts in the opposite direction to its movement.

The arrest of an individual

In most countries people have the right to freedom and to safety. However, in some circumstances his arrest is legal. For the detention to be legal, certain requirements and conditions must be met:

1) when someone is stopped by the

authority The police must receive information immediately on the reason for his arrest and, at the same time, he must be informed about his rights,

2) it is necessary that the stop is adjusted to the time you set the law,

3) to avoid possible abuses of authority and improper detentions, the law contemplates the habeas corpus procedure, according to which the detainee must be brought before a judge immediately to decide whether the detention is in accordance with the law or No and

4) detention is legal when the authority is aware that an illegal crime is being committed. fraganti, when a prisoner has escaped from prison or when someone is in a situation of conviction for rebellion.

On the other hand, the illegal detention of someone is, logically, a criminal action. since individual freedom is a protected legal asset. It is understood that an arrest is illegal when it occurs arbitrarily, that is, at the margin of the cases and circumstances contemplated in the law.

Regarding the crime of illegal detention, several aspects must be emphasized: 1) it is a crime against freedom, 2) if someone locks up or detains another person from Irregularly, he may be punished with prison sentences, 3) if the illegal detention exceeds fifteen days, there is an aggravation of the crime and 4) if the illegal detention is aggravated with some kind of demand for the person to be released (for example, the payment of an amount of money for the release of him) there is a felony, the kidnapping.

Photos: iStock - Aviator9 / Luka Lajst

Issues in Detention