Distinction between Escort and Bringing Forward
In Article 4 of the Criminal Procedure Code 2015, there are provisions regarding this issue as follows:
- Conveyance is the act of an authority forcefully bringing a person detained in an emergency case, arrested, temporarily detained, or accused to the location to conduct an investigation, prosecution, or trial.
- Summoning is the act of an authority forcefully bringing a witness, the person accused, or suggested for prosecution to the location for investigation, prosecution, trial, or a victim who refuses forensic examination.
=> the fundamental difference between conveyance and summoning is the subject of application.
To be specific:
| Measure | Conveyance | Summoning |
| Subject of application | Persons detained in cases of emergency, accused persons. Accused persons include: Arrested persons, temporarily detained persons, defendants, accused. |
- Witnesses in cases where they are not present according to the summons without a force majeure reason or not due to an objective obstacle; - Victims in cases where they refuse forensic examination according to the decision of the competent procedural authority without a force majeure reason or not due to an objective obstacle; - Persons accused, proposed for prosecution where there is sufficient evidence upon verification to identify that the person is involved in the offense being prosecuted, who has been summoned but still absent not due to a force majeure reason or not due to an objective obstacle. |
The above is the content distinguishing between conveyance and summoning.
Sincerely!
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