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you are here: > Canonum De Ius Positivum
> Article 292
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VII. Law |
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| 7.8 Force of Law | ||
| Article 292-Detention | ||
| Canon 3188 | ||
| Detention is the enforced deprivation of liberty of a man or woman acting as surety to a Person on account of a serious allegation, conviction or clear and present risk to a community or Juridic society at large. | ||
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| Canon 3189 | ||
| No man or woman acting as surety to a Person may be deprived of their liberty without first knowing by what charge and accusation in statute law they are being detained and the source of such allegations. The imprisonment of any man or woman without charge or disclosure of the alleged crimes is itself a serious offence against the law. | ||
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| Canon 3190 | ||
| Every man and woman acting as surety to a Person against whom charges have been brought has the right to demand an appearance in a court of law within seven (7) days of their deprivation of liberty to be provided the opportunity to hear the allegations against them, the alleged offences in law and what evidence is being presented. In the absence of some or all of these elemental components to a suit, a judge or magistrate has no choice other than to order the immediate release of the man or woman. | ||
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| Canon 3191 | ||
| All Juridic Societies have the right to defend their members against potential or actual harm posed by a man or woman. Therefore the deprivation of liberty of any man or woman acting as surety to a person charged with a serious crime is acceptable in such circumstances until the schedule of a trial to permit the allegations to be tested. | ||
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| Canon 3192 | ||
| The imprisonment of a man or woman should be an act of last resort and not an act of first response. Any Juridic society that chooses imprisonment of its members ahead of genuine reform is devoid of justice. | ||
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