Art. 351 Habeas corpus; definition

Habeas corpus is a legal tool used to challenge whether someone is being held in custody legally. If you use this tool, a judge can order the person or agency holding someone to bring that person to court and explain why they are being detained.

In this context, "custody" means being held or confined because of a criminal case, whether that case has already started or is expected to happen soon. This could include someone sitting in jail before trial or waiting on other criminal charges.

This rule does not apply to everyone, though. If you have already been convicted and want to challenge your conviction or sentence, you cannot use this habeas corpus process. Instead, you have to file for post-conviction relief, which is a separate legal process covered under different rules.