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Calling, Catching, Searching Need to Have Warrant



A word “warrants” in this place which are “summons”, “warrant of arrest” and “search warrant” that we know they have different meanings as follows.

Summons


A meaning of “summons” as per code of criminal procedure that is………

”To let a person comes to inquiry office, administration officer, senior police or court to investigate, preliminary examination, case consideration or other actions according to legal provision of this code of lawson circumstances. It needs to have summons of inquiry officer, administration officer and senior police of court depending on the case…."

As mentioned above criminal case has primary processes which are inquiry of police, preliminary examination of court and case consideration of court. Therefore, the steps of investigation of polices they will have authority to call offender to investigate immediately without asking for permission from court. In this case if you get summons from police and you should come to see police according to summons to show your identification. That summons may call you to testify, give testimony or ask according to primary processes to sue as per criminal case. You should read message that you got carefully. Do not be frightened or hot-tempered. If a person who got summons did not show up as per summons, that person needs to inform “reasonable cause”. The cause that you cannot come as per summons to officer, otherwise it regards as you have intention to flee and you may get warrant of arrest.

Warrant of arrest


“Warrant of arrest” is letter that court permits to catch offender or defendant. Court has authority to do warrant of arrest. Therefore, if inquiry officer would like warrant of arrest, inquiry officer or administration officer have to request warrant of arrest from court first. In case a person, who gets summons delay, dawdle, miss appointment without reasonable cause or does not have permanent address, that person may get warrant of arrest as well.

Search Warrant


And another kind of warrant is “search warrant”. It is letter to prosecute criminal case of officer and court and needs to request permission from court first. It is necessary for “searching in private place” which means any place that is “private place”. It shows intention that owner forbids place of owner or possessor which are homestead, office that owns by other and immovable property that owns by other happily etc. Before officer search he or she has to show search warrant and search in front of officer. Time that officer searches need to be day time (from sunrise to sunset) 

Reasons of issuing “warrant of arrest” and “search warrant” may from:

  • Have evidence to prove that a person commits an offence. The punishment is imprison maximum 3 years

  • Have evidence to prove that a person commits an offence and there is a reason to believe that he or she will flee and involve with witness and evidence.

  • For catching a person who gets warrant of arrest.

  • For helping a person who get detains.


If you get documents which are “summons”, “warrant of arrest” or “search warrant” you have to check document thoroughly whether it is correct or not and cooperate with officer to justify.


Thank you for information from Office of Justice Affairs

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