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Posted on by Jesus Barrcas

Medidas Cautelares Costa Rica

MEDIDAS CAUTELARES DE CARACTER PERSONAL Código Procesal Penal

 

ARTICULO 235.-

 

Aprehensión de las personas Las autoridades de policía podrán aprehender a toda persona, aun sin orden judicial, cuando:

 

a) Haya sido sorprendida en flagrante delito o contravención o sea perseguida inmediatamente después de intentarlo o cometerlo.

 

b) Se haya fugado de algún establecimiento penal o de cualquier otro lugar de detención.

 

c) Existan indicios comprobados de su participación en un hecho punible y se trate de un caso en que procede la prisión preventiva.

 

Asimismo, en caso de flagrancia, cualquier persona podrá practicar la aprehensión e impedir que el hecho produzca consecuencias. La persona aprehendida será entregada inmediatamente a la autoridad más cercana.

 

La autoridad policial que haya aprehendido a alguna persona deberá ponerla, con prontitud, a la orden del Ministerio Público, para que este, si lo estima necesario, solicite al juez la prisión preventiva. La solicitud deberá formularse luego de realizar las diligencias indispensables y, en todo caso, dentro de las veinticuatro horas contadas a partir de la captura.

 

Si se trata de un delito que requiera la instancia privada, será informado inmediatamente quien pueda instar y, si este no presenta la denuncia en el mismo acto, el aprehendido será puesto en libertad.

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