civil action is the action that seeks to pursue civil liabilities arising from the offense.
private prosecution is that action can only be exercised by the victim of crime.
public criminal action is that action which the State, through the Attorney General, must initiate the prosecution of a crime.
compensation agreements are those concluded between the accused and the victim of crime, if the judge approves the respective warranty, and may relate only to events under investigation that affect property available legal heritage character, less serious injury or tort (made unintentional) (art. 241 CPP).
is a written indictment under which gives rise to the hearing of oral trial preparation, to be included in a clear, precise and detailed the events for which participation is attributed to the accused. Hearing
control
detention hearing designed to determine the legality of the arrests, either by court order or because of cases of flagrante delicto. Hearing
formalization of research
This hearing is done so that the prosecutor brought to the attention of the accused, the Judge of Guarantee, the fact that he is carrying out an investigation against one or more specific offenses (art. 229 CPP). Hearing
trial preparation
public hearing where the prosecutor, the defense and the complainant discussed on the evidence to be presented at the trial, the facts will be proven and what evidence will be excluded from trial. In addition, the prosecution indicated it will be the subject of the trial. Conventions
evidentiary
is the agreement reached by the parties on the facts that will have been proven in the trial. Citation
Mechanism by which the court orders the presence of an accused, witness or expert, among others, ordered to report this resolution requiring their attendance. Defender
Public Criminal
public body responsible for granting legal aid lawyer to any person from the time it is accused of a crime and lack of counsel. National Ombudsman
is the paramount chief of the Public Defender's Office whose primary function is to direct, organize and manage the Office to ensure compliance of their objectives.
local public defender or defense
are lawyers hired by the state, responsible for defending the accused or even arrested since the first action against it is that lack of counsel. Report
is the communication that a person prosecutors, police or court Guarantee on an event that exhibits the characteristics of crime.
right to defense is the right of every person to seek the intervention of a lawyer to defend their rights before the courts.
Rights
arrested or accused of rights set forth in the Code of Criminal Procedure, by which seeks to protect and safeguard the minimum guarantees of a person whose participation in a criminal act being investigated or charged. Detention
Measure for which deprivation of liberty of a person for a specified time under a judicial decision in cases specified by law.
Stage Research Stage administrative nature which are carried out procedures and formalities leading to clarify the incident investigated. National Tax
is the paramount chief of the Public Ministry, whose main function is to organize, manage and monitor the proper functioning of the Attorney General.
Prosecutor or Deputy Prosecutor Attorney Public Ministry official in charge of conducting the investigation of an offense and, if the case warrants it, institute criminal proceedings in question. It also has the duty to assist and protect victims and witnesses of crime.
Charged Person who is credited with participation in a crime.
Oral proceedings
is one that takes place in one or more hearings continued, concentrated, oral and public, before a bench of three judges who know directly the prosecution, defense and evidence.
pretrial
is the guarantee that every person has not be convicted without having been previously tried by a court. Judge
Guarantee
single judge whose fundamental role is to preserve respect for the guarantees and rights of the accused and the legality of the investigative process developed by the Public Prosecutor. Immediate Trial
It has the power to request the prosecutor at the hearing to formalize research (And when it is out of print), the immediate realization of the respective trial. Precautionary measures
are those restrictive measures at the request of the prosecutor or complainant, the judge can be applied to guarantee the person or property of the accused, in order to secure the end of the procedure.
Public Ministry and hierarchical
autonomous body whose function is to conduct research exclusively acts constituting a crime, and where appropriate, respective criminal action, and give protection to victims and witnesses. Experts
People
testify in court, who hold the feature of technical knowledge in science, art or craft determined, which enable them to techniques and qualified opinions on matters relevant to the decision of a trial. Chase
office
The act in which the prosecutor decides to initiate an investigation into a crime against public order, which has taken cognizance directly. Presumption of innocence
is the guiding principle of the new law, by which a person should be treated as innocent until a conviction is handed down against him. Principle of objectivity
legal taxation is vested in the Attorney General for the purposes of investigating and gathering, with the same zeal, the background of a crime which lead to establish the guilt of an accused as those who can prove their innocence.
principle is the right opportunity to have the Public Prosecutor not to initiate criminal prosecution or leave the already initiated when the offense is not seriously jeopardizes the public interest unless the minimum penalty assigned to the crime exceeds that of imprisonment or detention lower minimum degree or in the case of a crime committed by a public official in the exercise of their duties (art. 170 Criminal Procedure Code). Remand
measure affecting the right to personal liberty of the accused during a more or less prolonged period, a restriction that only applied when other preventive measures are inadequate to ensure the end of the procedure.
payment procedure is that which takes place before Judge Guarantee applies only to offenses shall be punished by a fine.
Simplified procedure is that which takes place before Judge Guarantee applies to hear about the faults and the facts constituting the misdemeanor for which the Public Prosecutor requiriere the imposition of a sentence that does not exceed imprisonment or imprisonment in its minimum degree, unless your hearing and determination are subjecting the abridged procedure. (Art. 388 CPP)
Expedited Procedure Under this procedure, the defendant, advised by counsel, may give free and informed of their right to have a trial, expressly accepting the facts contained in the indictment and the background underlying the investigation. To proceed it is necessary that the prosecutor requires the imposition of a penalty not exceeding five years. Plaintiff
is that victim, his legal representative or heir Probate lawsuit has concluded the process.
Written Complaint in which demand research, knowledge and punishment of crime. Annulment proceedings
Is one that is granted to invalidate the trial and the final decision or just this one, on the grounds expressly mentioned in the law (art. 373 and 374 Criminal Procedure Code).
adversarial system is that system of criminal prosecution in which they are separated the functions of investigation, prosecution and trial of a wrongful act, thus ensuring the impartiality, independence, equality and legality of the State's punitive action.
out alternative mechanisms are established by law, that under certain assumptions legal provenance, put an end to the proceedings without requiring the matter be known in a trial.
Suspension
conditional procedure is the possibility to terminate the process by agreement made between the prosecutor and the accused, which is subject to approval by the respective Guarantee Judge provided that all relevant legal budgets (art. 237 Criminal Procedure Code)
adjudicate judicial resolution putting an end to criminal proceedings (dismissal) or suspends or stops certain process and certain legal grounds (temporary stay), (art. 250, 252 and 255 Criminal Procedure Code). Final Judgement
conviction is one that fails a trial resolving the disputed fact, establishing a penalty for the accused of the process. Final Judgement of acquittal
is one that fails a trial, resolving the disputed fact completely freeing the accused of the charges against him. Witnesses
is any person who had knowledge of crimes and whose testimony is relevant to the criminal conflict resolution.
trial Court
collegiate tribunal composed of three professional judges, whose work is performed in oral and public hearings, and its main function to hear and determine the matters brought to its attention. Victim
is the person offended by the commission of a crime.
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