El kidnapping judicial is a measure of character procedural dictated by a judge or Tribunal de Justice which has for object subtract from domain of the individuals a carefully furnishing or property that is object de litigation between parties in a proceedings that is being substantiated and leave it legally in the hands of the judge. The term kidnapping judicial in some countries for the kidnapping of publications.
a) those related to the done punishable, such as the instruments or means used for its commission or whatever they are result direct or indirect of infringement;
b) the subjects to confiscation or confiscation, that is, those that have their origin illicit as those whose tenure It is in itself a done punishable (weapon illegal or controlled substances);
c) Those relevant to the research as would be those with traces or vestiges of the infringement and that can serve for your experiment. (art.186). The occupation of said objects or documents in the crafts and by the competent officials it is called "Kidnapping». This is a measure of coercion part, for which the official takes over and misses the object o Valid identity document of the one who possesses it, title whatever. In flagrant violations the Ministry Public and Police can occupy directly the objects or documents without necesidad de order judicial (Art.224.1,3). Outside of flagrante delicto, for the occupation of objects or documents must be: a) Requested from the person that possesses the object o Valid identity document to hand it over voluntarily.
El Code Procedural Criminal law says that "the person is obliged to present and deliver it when requested (art. 186). It is necessary to note that this legal obligation de delivery People who have it do not have it faculty to refrain from testifying under his relationship with the accused (art.196) or that may see their own rights compromised responsibility penal (art.264) or that must be kept secret Experience (art.264). In all these cases, the objects or documents may be directly seized, as set out below. b) If the requested objects are not delivered, a authorization of the judge ordering the kidnapping. (art.186). c) In occasion from the realization of a record by Ministry Public or the police, they can arrange the kidnapping of objects and documents without necesidad again authorization of the judge (art.188).
De way I express the Code Procedural Criminal law provides that they cannot be object de kidnapping medical examinations or diagnoses protected by the secret Experience nor the communications between the accused and his lawyer defender. (art.187). Objects or documents that do not contain any legal entity may not be seized. relationship with the done punishable or that are not subject to confiscation. The objects delivered or seized must be identified, described, inventoried and deposited. Their storage must be ensured. custody and preservation (art.189). As regards the return, apart from the objects or documents subject to confiscation, principle, even before sentences final, can be returned to you holderafter his display for your recognition in the debate oral administration, once this is finished. In cases where they are not necessary for the proceedings, can be restored to their holder, even on a provisional basis, with the legal obligation to present it when requested. (art.190).
Un /// particular They are the objects or documents stolen by robo, swindle, abuse of confidence. In principle These must be immediately returned to them. holder. After 6 months without a claim, the objects can be delivered to a health center (art. 190). Disputes regarding the your property, are resolved by the right civil.(art. 190). The sentences will always arrange for confiscation, restitution or embargo of the seized objects or documents, when appropriate your property of the convictedas the Warranty for paid by costas or any reparación pecuniary.
El kidnapping judicial ends by the resolution judicial that puts an end to the proceedings which gave rise to it, or carefully by a resolution prior when the judge or Tribunal consider the measure unnecessary procedural. The resolution will determine the conditions under which the goods return to the spirit provision of the individuals.
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