Índice
Within the internal Public Law you can find the branch of Criminal Procedural Law as a set of regulatory standards. These fulfill their role of controlling processes of a criminal nature or nature between the State and individuals.
Its application by lawyers is totally relevant because it allows study in depth all penitentiary process. This with the aim of consolidating a fair administration of justice and its application by judges.
It is based on the evaluation of all the particular circumstances that each case may contain and its possible legal resolution.
What is Criminal Procedure Law?
The grouping of legal norms that control all processes of a criminal nature is called Criminal Procedural Law. All standards can be found together within the Criminal Procedure Law.
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Its main function is to exercise the effectiveness of criminal law through the investigation of acts that appear to be criminal. If the possibility of fitting into any crime of the Penal Code is established, the perpetrators are identified to punish them.
This is how the two purposes that this Law covers as a priority are indicated:
- Respond to criminal acts as a means to regulate human relations created within a society by the State.
- respond to victims, understanding by these people who have suffered the consequences of a criminal act.
This branch houses important rights that are vital in any case or prosecution, some of which are relevant to mention, such as:
- right to accuse: applied and held by the citizens or the Public Prosecutor of each country.
- Right to defend yourself: valid for any person who is under investigation or has been charged.
- right to punish: It is one of the exclusive rights to the interests of the State and is exercised by judges.
Finally, it is worth noting the fundamental role of Criminal Procedural Law as a means of threatening to violate the law. Fulfilling the objective of being a permanent threat to avoid carrying out criminal acts.
However, the previous point can be viewed from a preventive approach that tries to safeguard an already existing social order.
The truth is that his study, execution and functions they can become repressive for those who carry out criminal acts. Studying the possibility and limits of penalties that can be imposed on an individual who fails to comply with the norm.
Structure of criminal proceedings
All criminal proceedings include a series of phases that are regulated by this branch of Law, presenting certain divisions. There are two main divisions according to the type of startup to be developed:
- by trade: carried out by means of a complaint or a police report in response to the crime.
- By separate instance: Said of that which begins by means of a complaint.
Once started by the previously mentioned means, we can talk about the first phases of Criminal Procedure Law:
Instruction
First phase of the criminal process that means giving rise to a competent investigation to investigate the events that occurred. At this point it is expected to determine if the alleged criminals deserve to be tried or not.
Apart from this, it is how various actions are carried out that are in charge of find out and prove the crime. Respond to how it was committed, who are the culprits and the preparation of the oral trial.
All previous It is not part of the evidentiary acts, only a phase of preparation for the trial is maintained. In addition, the importance of the instructive actions being kept secret is highlighted, with two levels of secrecy:
- Facing society; with the aim of preserving the honor that covers the people involved in an investigation.
- facing the parties.
judicial resolution
culminating stage of instruction which is recognized if it proceeds with the right to accuse for the facts. If this right is not processed, the resolution process of "dismissal" for the parties involved or affected is concluded.
However, if this right is recognized, it must proceed to the Judgment phase where it will proceed with other legal measures. This is known as the opening of an Oral Trial which involves presentation of evidence, evidence, participation of lawyers, etc.
Final structure of criminal proceedings
Everything related to the previous structure is reflected in the culmination of the investigation. This is demonstrated by the presentation to the judge of a so-called "brief of provisional conclusions” or “indictment”.
That is how the judge must determine whether to proceed to the final phase of Judgment or not. For this reason, the aforementioned writing must reflect certain points in its content:
- punishable acts: where all the facts that are considered to have criminal relevance are included. This is due to the fact that the judge will not be able to cover knowledge of events that have not been subjected to qualification.
- Legal qualification: Applicable to the facts that will determine the crimes involved in the commission of the facts described.
- Identification of the defendant: there must be a fully identified individual to be able to proceed with the imputation of their facts.
- Determination of the sentence: the specific penalty for the acts committed according to the accused must be previously requested.
- civil claim: It is the moment where compensation must be requested in the event that damage has been caused. These as derivatives of criminal acts.
- test proposition: all the means that will be valid for the oral trial with the intention of proving their claim.
If the Judge considers the trial phase started, an order of opening of Oral Trial. The defendant will be transferred and he will be able to present his own "provisional conclusions brief" or "defense brief".
