Javaloyes

Some concepts of criminal proceedings

The arrest

The detention is a precautionary measure which involves deprivation of liberty for a maximum period of 72 hours, the object is generally made available to the judge a person suspected of committing a crime. The detainees enjoy a number of rights, such as to remain silent and not to confess guilt, appoint a lawyer, the right to be brought to the attention of a family the fact of detention, free assistance of an interpreter, and be recognized by the medical examiner.
These rights should be to inform the detainee. The detention and pre-trial detention should be practiced in the manner least detrimental to the affected.
Although the detention can last 72 hours (expandable in other 48 prior judicial authorization), it must take what is necessary, so that the detainee must be brought before the judge at the time have been practiced all necessary measures, being able ask if breached this obligation, the Habeas Corpus.

Remand

The detention is a precautionary measure dictated by the Judge of personal character that determines who detains a person without judgment has been passed on the facts alleged against him. Should last the minimum time necessary and thus, their duration may not exceed one year if the offense is deprivation of liberty hath not exceeding three years, or two years’ imprisonment if the prison sentence for the crime pointed out above three years and may be extended exceptionally in certain cases.
This measure can only be taken when it is objectively necessary, and, very importantly, when other less restrictive measures to the fundamental right to freedom does not exist.
For adoption, the judge must take into account the personal circumstances of the accused and the institution of the penalty that could be imposed.
The measure must pursue one of these purposes: (a) Ensuring the presence of the accused in the process when a flight risk may be inferred, (b) To prevent the concealment or destruction of evidence and (c) prevent the accused could threaten property law of the victim.

The speedy trial

It is a special criminal process characterized by the speed in processing. It applies to the phases of investigation and prosecution of certain offenses (with imprisonment not exceeding five years), provided that the criminal proceedings were initiated under a police report and that the Judicial Police have arrested a person and beech made available to the Court on duty or even without stopping, he has summoned to appear before the Court on duty for having denounced the quality of the police report.
Usually the crimes are judged by this method are simple instruction crimes, so as to allow it expires and runs in deadlines established by the Criminal Procedure Act.
The speedy trial may end in the following ways:

  • a) By dismissal for lack of offense or may not be justified their commission.
  • b) Pursuant to a judgment handed down before the same judge, in which the accused benefits from the one-third reduction in sentence (typically transactional schema).
  • c) With prosecution in a short period of time (ten days) before the Criminal Court.
  • d) With the rapid transformation judgment in previous proceedings (summary proceedings) that has not been possible to carry out the investigation of the case within the period prescribed by law.
  • e) By transforming faults in judgment and its conclusion before the same trial court.

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