Contumace capiendo is a legal term that refers to the process of apprehending and detaining a person who has been found guilty of contempt of court and has failed to appear for their scheduled court proceedings. This action is taken to ensure the person’s compliance with the court’s orders and to maintain the integrity of the judicial process.
Contumace Capiendo is a legal term that refers to the process of arresting and detaining a person who has been found guilty of a crime but has failed to appear in court for sentencing or other legal proceedings.
Contumace Capiendo can be used when a person has been duly notified to appear in court but fails to do so without a valid reason. It is typically used in cases where the person has been found guilty and needs to be sentenced or when they need to provide testimony or evidence.
The purpose of Contumace Capiendo is to ensure that the legal process is not hindered by individuals who intentionally avoid appearing in court. It allows the court to enforce its orders and maintain the integrity of the judicial system.
Contumace Capiendo is initiated by the court issuing a warrant for the arrest of the person who has failed to appear. The warrant authorizes law enforcement to apprehend the individual and bring them before the court.
Contumace Capiendo is primarily used in criminal cases, where the person has been found guilty of a crime. However, in some jurisdictions, it may also be used in civil cases when a person fails to comply with court orders or fails to appear for hearings.
After a person is arrested through Contumace Capiendo, they are brought before the court. The court may proceed with the sentencing or other legal proceedings, taking into account the person’s failure to appear.
The consequences of Contumace Capiendo can vary depending on the jurisdiction and the specific circumstances of the case. In general, the person may face additional charges for failing to appear, and their failure to comply with court orders may be taken into account during sentencing.
Yes, a person who has been arrested through Contumace Capiendo can challenge the arrest or appeal the decision. They may argue that they had a valid reason for not appearing in court or that proper notice was not provided. It is advisable to consult with a legal professional in such cases.
To avoid Contumace Capiendo, it is essential to comply with court orders and appear for all scheduled hearings and proceedings. If there are valid reasons for not being able to appear, such as illness or emergency, it is crucial to inform the court and seek appropriate legal advice.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 5th April 2024.
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