Intermediate Phase and Compliance in Criminal Proceedings

Posted on Dec 2, 2024 in Law & Jurisprudence

Empirical Concept

This phase encompasses various processes and content, extending from the conclusion of the investigation or research activity until the commencement of the trial and before the practice of proof begins.

Key Exhibits

  1. Decision on Adequacy of Training: Determines if training is sufficient or needs further development. Includes indictment completion.
  2. Trial: Judicial oversight of the factual and legal basis, ensuring sufficient consistency to justify proceeding to trial. Assesses the reasonable probability of success of the charge, preventing trials without adequate basis. Presupposes prior complaint investigations, as no one can be accused without being charged in court.
  3. Debugging Procedural Flaws: Addresses defects that hinder prosecution or necessitate procedural renewal due to procedural violations.
  4. Formulation of Prosecution and Defense Statements: Clarifies the objectives and arguments of both parties.

Sufficient Control Over Research

Abbreviations (Art. 779)

  1. Post-Proceedings Decree: Following necessary investigations, the coroner issues a decree with decisions (continuing proceedings, dismissal, statement of facts). The job is considered finished, though parties can mediate and appeal the decision through reform and appeals.
  2. Agreed Abbreviated Process Monitoring (Art. 779.1.4): The defendant can request necessary measures for prosecution (Art. 780.2). According to STC 186/90, this is not to complete the instruction, but to allow charges (restricted interpretation, declared constitutional).

Regular (Art. 622)

  1. Summary Ended by Car: The instructor declares the summary finished, referring it to the higher body (Hearing). This is not open to challenge.
  2. Hearing: All parties examine the case and may request revocation of the conclusion to continue the summary. The Court can confirm or revoke the conclusion (Arts. 627-630). The restriction of hearing only the charges was declared unconstitutional (STC 66/89).

Trial of Charge

Short

  1. Judge-Led: Conducted by the judge. Drawback: potential bias due to involvement in education. Advantage: prevents the decision-making body from being influenced by this decision, promoting speed.
  2. Two Stages:
    1. Auto Art. 779.1 (PA or Auto Auto Processing): Transforms pre-trial into summary proceedings (779.1.4), implicitly rejecting dismissal. Reaffirms the charging (describing offenses and those charged, requiring prior statement as defendant, Art. 775). Conceptually incompatible with dismissal. Considered analogous to the auto or procesamiento.
    2. Post-Processing Order: After a written indictment (783.1), the trial opening is remembered unless dismissal is deemed appropriate (restricted cases, Arts. 637.2 and 641.2). Appeal only in case of acquittal. If the trial opening is remembered, there is recurso.

Ordinary

  1. Hearing-Led: Conducted by the Hearing.
  2. Post-Investigation Conclusion: The court must agree on the trial opening (Art. 645) if a prosecution is requested, unless there’s reason for dismissal (Art. 637.2).

Dismissal

Free Dismissal

  1. No Reasonable Suspicion: Lack of sufficient evidence to justify the process.
  2. No Legal Offense: The investigated events do not constitute a criminal offense.
  3. Exemption from Criminal Liability: Defendants are exempt as perpetrators, accomplices, or accessories.

Provisional Dismissal (Art. 641)

  1. Insufficient Justification: Perpetration of the crime is not adequately justified.
  2. No Reason to Accuse: No grounds to accuse specific individuals as perpetrators, accomplices, or accessories.

Common Effects of Free and Provisional Dismissal

  • Archived performances.
  • Return of incriminating items to their owners (Arts. 634.III and 635.III).
  • Lifting of the complaint (expressly in the indictment if processed; often implicit in abbreviated procedures).
  • Survey of precautionary measures (personal and real).
  • Completion of the criminal ruling, hindering the civil action.

Specific Effects

  • Free Dismissal: Analogous to acquittal, requiring explicit and reasoned justification.
  • Provisional Dismissal: Case can be reopened with new relevant information (ex officio or by application).

Purification of Procedural Issues

Regular (Art. 666)

Prior to the trial opening, parties can propose:

  1. Demurrer of jurisdiction.
  2. Double jeopardy.
  3. Limitation of the crime.
  4. Amnesty or subsequent indulto.

Points 2-4 relate to free dismissal cases, as criminal liability is absent or extinguished.

Provisional Qualifications

Concept

Formalized claims of the parties, defining facts, legal framework, and individuals involved. Subject to modification based on trial outcomes (Art. 732).

Processing

  1. Regular Process: Made after the order calling for trial. Charges are made successively (civilian-defensas).
  2. Short Process: Charges are made after the processing order in pre-trial and summary procedures, before the trial order. Defense writings are made after the car for oral trial.

Content of Indictments (Art. 650)

  1. Facts: Description of the event with relevant circumstances.
  2. Legal Characterization: Determining the crime, degree of implementation, and modifying circumstances.
  3. Identification of the Accused: Specifying their degree of participation.
  4. Penalties Requested: The desired penalties.
  5. Civil Claim: Demands and responsible parties.
  6. Evidence: Intended evidence (Art. 656). Flexible in abbreviated procedures (Art. 786.2).

Content of Defense Notice

Denial of facts or participation with factual or legal arguments. Usually brief, with detailed requests in final grades.

Conformity

Concept

Criminal transaction principle. Acceptance of facts and sentence, with safeguards to ensure voluntariness. Promoted in simplified procedures. The 2002 reform reduced penalty power and facilitated access to suspension.

Characters

  • Absolute: Extends to facts, skills, and grief. Only excludes liability permitted under trial terms (Art. 695). Requires payment by all defendants (Art. 655).
  • Voluntary: Given freely and knowingly. The judge assesses voluntariness (Art. 787.2) and continues the trial if there are doubts.
  • Formal: Before the judge, following legal formalities. Approved by the accused and counsel.

Scope

  • Specifically requested penalty, not exceeding six years’ imprisonment (Art. 787.1). Applies to any punishment type, regardless of the total penalty amount.

Timing of Conformity

  1. Ordinary Trial (Art. 655): In defense scoring, if it supports the most severe rating. Requires accused’s ratification and sentencing under the agreement.
  2. During the Trial (Art. 694): Under similar terms.
  3. Short Trial:
    1. Art. 779.1.5: Recognition of events in judicial declaration.
    2. Art. 784.3: Defense agreement expressed in a letter signed by the accused.
    3. Art. 787.1: During the trial (most common).

Judicial Control Over Compliance

  • Assumed from accepted facts (Art. 787.2). The judge cannot assess the probability of perpetration.
  • Legal check (Art. 787.3): correct classification, legally appropriate penalty. Improper but beneficial penalties can be corrected.
  • Non-binding on protective measures in cases of limited criminal liability (Art. 787.5).