Such is arrested for the murder of ...... At the hearing of the arrest is richeista validation and applied the measure of custody in prison.
defender and proposes a petition for review before the Court of Review's what emerges:
Despite being contested measure included in the validation stage of the hearing does not appear in any written document or in the order coercive nor recorded in the minutes of that order which is an integral part, the description of the act complained of, requirements, under penalty of nullity, in paragraph 2 letter. b) of Art. 292 cpp.
but not enough, "also appears to be completely omitted, the order under appeal, any statement of reasons for the existence of the precautionary needs, as the court merely cited the art. 274 cpp, without offering or the identification of the nature of supervision requirements (danger of escape, evidence of pollution or relapse), or the statement of facts integral prediction rules.
Based on these considerations, the Court correctly the Review notes that "in this case was faced with a real lack of motivation, not susceptible to integration by the College of liberty and determining the need to set aside the order pending trial" and, therefore, cancel the order and shall immediate release.
In conclusion the suspect, free as a lark, of course, is now losing its tracks, with a gratitude that court so brief and hasty.
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