Legal Definitions - in arcta et salva custodia

In arcta et salva custodia is a Latin legal phrase that translates to "in close and safe custody."

It describes a situation where a person or an item is held under strict, secure, and protective control, typically by legal authority. The purpose is to ensure their presence, prevent escape, protect them from harm, or preserve their integrity. The phrase emphasizes both the closeness of the control (meaning restricted movement or access) and the safety provided (meaning protection from danger, loss, or tampering).

• Example 1: A High-Security Detainee

  A defendant accused of a serious, violent crime, especially one deemed a flight risk or a danger to others, might be ordered by a court to be held in arcta et salva custodia. This means they would be confined to a maximum-security prison or detention center, with constant surveillance, restricted movement within the facility, and limited contact with the outside world.

  How it illustrates the term: The custody is "close" due to the severe restrictions on their freedom and movement, and "safe" because it prevents them from escaping, harming others, or being harmed themselves while awaiting legal proceedings.

• Example 2: Valuable Forensic Evidence

  Following a complex financial fraud investigation, critical physical evidence such as original ledgers, computer servers containing sensitive data, or large sums of seized cash would be kept in arcta et salva custodia by law enforcement. This involves storing these items in a highly secure, climate-controlled evidence vault with limited, logged access, and a strict chain of custody.

  How it illustrates the term: The custody is "close" because access is severely restricted to authorized personnel only, and "safe" because it protects the evidence from tampering, theft, loss, or degradation, ensuring its integrity for presentation in court.

• Example 3: A Protected Witness

  A key witness in a major organized crime trial, whose life has been credibly threatened, might be placed in arcta et salva custodia by a government protection program. This could involve housing them in an undisclosed, secure location, providing round-the-clock security personnel, and carefully managing their communications and movements to shield them from potential harm.

  How it illustrates the term: The custody is "close" as the witness's location and activities are tightly controlled for their protection, and "safe" because it actively guards them against threats, ensuring their well-being and availability to testify.