A habeas corpus is an important means of protecting personal freedom under national law. When the victim cannot apply for objective reasons, the relatives, friends, or other organizations of the victim can apply to the court. So who or unit can apply for the habeas corpus on behalf of the applicant? Below is a compilation of this knowledge for everyone, welcome to read!
The Anti-Domestic Violence Law states that domestic violence refers to physical and mental violations between family members by means of beatings, binding, mutilation, restrictions on personal freedom, and frequent abuse and intimidation. If the perpetrator commits domestic violence that constitutes a violation of public security management, he shall be punished according to law; if a crime is constituted, he shall be investigated for criminal responsibility according to law. Violent acts committed by persons living together outside the family members shall be implemented with reference to the provisions of this Law.
In order to stop domestic violence in time, the Anti-Domestic Violence Law stipulates that schools, kindergartens, medical institutions, residents committees, villagers committees, social work service agencies, rescue management agencies, welfare agencies and their staff find people without civil capacity in their work If a person with limited capacity for civil conduct suffers or is suspected of suffering domestic violence, he shall report the case to the public security organ in a timely manner, and he shall bear legal liability if the failure to report the case causes serious consequences.
If the party is a person with no capacity for civil conduct, a person with limited capacity for civil conduct, or is unable to apply for a personal safety protection order due to reasons such as coercion, intimidation, etc., his close relatives, public security organs, women s federation, residents committee, villagers committee, rescue management agency Can apply for it.
In addition, the Anti-Domestic Violence Law has for the first time established a personal safety protection order system. Where a party concerned applies to a people s court for a personal safety protection order because of domestic violence or the real danger of domestic violence , the people s court shall accept it. The people s court shall make a ruling within 72 hours, and within 24 hours if the situation is urgent. The protection scope of a personal safety protection order may include the applicant and his related close relatives. The personal safety protection order shall be executed by the people s court, and the public security organs, residents committees, villagers committees, etc. shall assist in the execution.