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DOJ issues additional guidelines on detention periods
Posted: 12 August 2015
The Department of Justice issued additional guidelines on the proper application of Article 125 on the crime of "Delay in the Delivery of Detained Persons to the Proper Judicial Authorities" of the Revised Penal Code, as amended.
Department Circular No. 50-A provides for the definition of the terms "detention" and "arrest" and clarifies that as a rule, the detention period begins at the moment of arrest.
"The protection of human rights especially of arrested and detained persons is a priority of the Department,” said Secretary of Justice Leila M. De Lima. “We continue to take proactive approaches through our Criminal Code Committee (CCC) issuances,” she said.
Current laws, guidelines, and jurisprudence do not explicitly state when the period of detention begins to run including those under custodial investigations in Republic Act No. 7438.
Assistant Secretary Geronimo L. Sy, Chair of the CCC said that "the added guidelines provide that the 12-18-36 periods are also applicable in custodial investigations.” The mandate of the CCC is to ensure due process of law in the criminal justice system. "Simplified and clear guidelines will translate into meaningful rule of law.”
A copy of the Circular can be accessed at the DOJ website through this link http://www.doj.gov.ph/files/issuance/DC_No_50--Additional_Guidelines.pdf
x x x."
Department Circular No. 50-A provides for the definition of the terms "detention" and "arrest" and clarifies that as a rule, the detention period begins at the moment of arrest.
"The protection of human rights especially of arrested and detained persons is a priority of the Department,” said Secretary of Justice Leila M. De Lima. “We continue to take proactive approaches through our Criminal Code Committee (CCC) issuances,” she said.
Current laws, guidelines, and jurisprudence do not explicitly state when the period of detention begins to run including those under custodial investigations in Republic Act No. 7438.
Assistant Secretary Geronimo L. Sy, Chair of the CCC said that "the added guidelines provide that the 12-18-36 periods are also applicable in custodial investigations.” The mandate of the CCC is to ensure due process of law in the criminal justice system. "Simplified and clear guidelines will translate into meaningful rule of law.”
A copy of the Circular can be accessed at the DOJ website through this link http://www.doj.gov.ph/files/issuance/DC_No_50--Additional_Guidelines.pdf
x x x."
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