Illinois Compiled Statutes 735 ILCS 5/10-106 – Grant of relief – Penalty
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Terms Used In Illinois Compiled Statutes 735 ILCS 5/10-106
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
Unless it shall appear from the complaint itself, or from the documents thereto annexed, that the party can neither be discharged, admitted to pretrial release nor otherwise relieved, the court shall forthwith award relief by habeas corpus. Any judge empowered to grant relief by habeas corpus who shall corruptly refuse to grant the relief when legally applied for in a case where it may lawfully be granted, or who shall for the purpose of oppression unreasonably delay the granting of such relief shall, for every such offense, forfeit to the prisoner or party affected a sum not exceeding $1,000.