Allocation and Police Arrest. Spanish Perspective

Abstract

Police, in its activity related to criminal proceedings carry out fre-quently the charge of a criminal offence against a specific person and, if it met certain circumstances provided for by law, is obliged to make the arrest. This article examines, from the perspective of the Spanish Law, some speci-fic questions that arise around the concrete legal prerequisites, the various purposes which are pursued, the problems about the duration of the police deprivation of liberty, as well as the complexities of the legal regime of the detained person, also taking into account the special cases of the prosecution in fast processes, in terrorism cases, in minor detained cases and foreigners cases, and in addition the procedure laid down in particular to proceed with judicial review of statutory requirements in particular cases, bringing before the competent judge the person who is supposed to be illegally detained.