Latin Legal Terms

Capias

Capias – this Latin term comes from the word “capio”, which means: to seize; to attack (*somebody’s legal rights). In practice, it applies usually in the area of Criminal Trials, where refers to various types of writs or court orders, for arresting concrete person for the purposes of the proceeding. Sometimes it refers to “capias ad respondendum”. For example, the term “capias” participates in the following legal phrases:
- “Capias ad audiendum judicium” – in practice, this legal phrase is used in the area of Criminal proceedings. It details a writ, issued by the court, asking the accused person to be brought before court to hear the judgment against them, since they haven’t appeared on the previous hearings, held so far in court. With issuing such writ the judge wants to ensure the participation of the convicted to hear their judgment.
- “Capias ad faciendum” – this legal term applies in the area of Litigation Procedures. In some jurisdictions it details a writ of execution, which role is to help the creditor to satisfy from the debt and to enforce judgment, via arresting the debtor and putting them in jail (in order to push them to pay to their creditors). It was applicable in ancient times. Sometimes it was referred as “capias ad satisfaciendum”.
- “Capias ad respondendum” – this legal term is used in the area of Criminal Trials, where it refers to a court order, forwarded to the police with the request to bring the defendant to court in order to ensure he/she will receive judgment. It is similar to “capias ad audiendum judicium”.

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