Arrest Warrants and Review
Arrest warrants: grounds and review
An arrest warrant is intended to bring a suspect or defendant before the competent judicial authority. Because it interferes with liberty, the issuing authority, stated grounds and statutory basis must be examined.
Arrest is a procedural measure available only under the conditions prescribed by law.
When may an arrest warrant be issued?
The conditions differ between investigation and trial. Article 98 of the Criminal Procedure Code identifies the competent authorities and principal grounds. A warrant does not itself mean that the person has been remanded in custody or found guilty.
Article 98 distinguishes the following situations:
- During an investigation: a criminal judge of peace may issue a warrant at the prosecutor’s request where a suspect fails to answer a summons or cannot be summoned. A reviewing authority considering an objection to the refusal of a detention request may also issue one. Prosecutors and the police have separate powers in the escape situations covered by Article 98(2).
- During trial: a judge or court may issue a warrant for a fugitive defendant, either on its own initiative or at the prosecutor’s request. Missing a hearing does not, by itself, establish every condition of this provision.
The warrant must comply with the statutory safeguards governing interference with personal liberty.
How can the measure be challenged?
The available challenge depends on who issued the decision and its legal basis.
- The act of arrest must be distinguished from a judicial arrest warrant. An application for immediate release from an arrest covered by Article 91(5) may be made to the criminal judge of peace. An objection to a judicial warrant requires consideration of the decision and Articles 267–268.
- The reviewing authority is not always the next-numbered court. Article 268(3) sets different routes for criminal judgeships of peace, criminal courts of first instance and high criminal courts. The objection is generally lodged with the authority that issued the decision.
The application should address the service of the summons, why the person could not be found, the purpose of the warrant and supporting documents.
What should be checked after a warrant is issued?
First establish the warrant’s legal basis, the issuing authority and the current stage of the case.
- Applications: a lawyer can prepare the appropriate challenge and submit it to the competent authority.
- Documents: address records, summonses and other relevant evidence can be submitted in support of the application.
- Representation: a lawyer can present the legal grounds for withdrawing the warrant and follow the proceedings.
Following arrest, statutory rights include information about the allegation, legal assistance and access to relevant records subject to the applicable rules.
