Modifies The Codes Of Procedure Criminal And Criminal Procedure In Matters Of Identity Check

Original Language Title: MODIFICA LOS CODIGOS DE PROCEDIMIENTO PENAL Y PROCESAL PENAL EN MATERIA DE CONTROL DE IDENTIDAD

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"(Artículo 1º.-Introdúcense las siguientes modificaciones en el artículo 85 deel Código Procesal Penal: 1) in subsection first, replace the expression"may"by"shall"."

(2) replace the fourth, by the following sub-paragraph: "all the procedures detailed in the preceding paragraphs can not shall be extended by a period of more than six hours, after which the person who has been subject to them should be released, unless there are indications that he has hidden his true identity or has provided a false, case in which shall apply the provisions of the following paragraph.
If the person refuses to accredit your identity or is in the situation indicated in the foregoing paragraph, shall be his arrest as the author of the non-scheduled and sanctioned in the No. 5 of article 496 of the criminal code. The police officer to inform, immediately of the arrest to the Prosecutor, who may annul it or order that the detainee be led before the judge within a maximum period of 24 hours, counted since the detention has been practiced. If the Prosecutor prove nothing, the police must be pre - sit the detainee before the judicial authority within the period indicated.
Procedures aimed to obtain the identity of a person in accordance with the preceding subparagraphs, shall be done as expeditiously as possible, and the abuse in its exercise may be constitutive of the crime planned and sanctioned in Article 255 of the criminal code. "."