Persecution and process
The action operates as the impulse that sets in motion the series of acts that we call process, which leads to the application of substantive law to the specific case and in relation to certain subjects.
Then processes is a set of actions, proceedings and acts aimed at the application of substantive legislation to a specific case without prejudice to the identification of the person or persons to whom the substantive singularity must fall.
Distinction between Process and procedures
It is the development of certain acts and moments of the cause or procedure that leads to a desired end, then process is a legal category and procedure is the rites, the procedures through which those acts or moments must proceed according to a pre-established lake.
Process conceptualization
Etymological sense: the proper thing of the procedural thing is in the fact of happening, of happening, of a development or sequence that, from the beginning, goes through prefigured steps until arriving at a conclusive resolution that ends the acts that were related each. It is the ordered sequence, established by a set of rules that discipline those acts.
The process is the legal phenomenon through which the subjects empowered to do so determine the application of substantive law in specific situations in which such regulations have been postulated controversial or not observed, resorting to accreditation and allegation procedures with a view to the decision that, in a binding way, the court will dictate.
The organic function of the process
The jurisdictional bodies are an institutional concretion of the state power and a clear manifestation of the formal mechanisms of control of the State over its governed. The process fulfills an instrument function for the achievement of justice, it is one of the coercive apparatuses of any state.
Steps of the criminal process
The first moment is strongly investigative, aimed at determining everything concerning the event and its authors.
The purpose is oriented to the collection of relevant data or evidence that make the reconstruction of the event postulated as criminal.
This moment is known as formal instruction.
Once the accusation is admitted, the trial stage is opened, the fundamental moment of which is the criminal hearing or debate, which must be public and oral.
Thus, the contemporary criminal process is broken down into the preparatory or investigative, intermediate and trial, plenary or debate stages, each of which presents various procedures, to which we must add recursive ones.
In synthesis these are the basic elements that make up the modern or contemporary procedure, and also the basis of the pure accusatory system.
