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10. General
principles of securing an accused person
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Article 62-Habeas
Corpus
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| 62.1 |
Habeas Corpus |
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The writ of habeas corpus is the remedy to be used when any person is restrained in his liberty. It is an order issued by a court or judge of competent jurisdiction, directed to any one having a person in his custody, or under his restraint, commanding him to produce such person, at a time and place named in the writ, and show why he is held in custody or under restraint. |
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| 62.2 |
General provisions of Habeas Corpus |
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The general permitted provision of Habeas Corpus is the avenue of appeal upon conviction on the basis of a valid argument of appeal. |
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The writ of Habeas Corpus is not permitted to be used unless in association with a valid appeal. |
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