The exercise of criminal action is headed in the Office of the Attorney General of the Nation based on a criminal notice, both the State and the Prosecutor's Office are obliged to exercise criminal action and to investigate the facts that are characteristic of a crime, This may be ex officio or that they come to your knowledge by means of a complaint, special request or complaint.
Once you have the criminal news, the process begins, it is divided into three stages: the first is the investigation, the second the investigation and finally the trial. Each of these stages fulfills an essential function that enables the accusatory criminal system to be developed. We will now explain what the function of each of these stages is.
- The inquiry. The judicial police are in charge of collecting and securing the evidentiary material elements and physical evidence necessary to determine the existence of a fact that has the characteristics of a crime and to identify or identify the alleged perpetrators. Activities will be carried out such as preliminary hearings before the judge of control of guarantees in order to obtain authorization or print legality to the actions carried out by the prosecution and the judicial police. The investigation. There is a person responsible for the facts that can be investigated, the imputation formulation hearing will be practiced, this has the objective of formalizing the investigation, that is,the awareness of the accused (who will now be called the accused) of the existence of charges against him so that he can immediately activate his right of defense. In case of flagrante delicto, in the hearing the legalization of capture, imputation of charges and assurance measure will be carried out if this is necessary; All this will be done before the judge of control of guarantees, the trial or the trial stage. It is carried out before the judge of knowledge, who from now on will listen to each of the parties and will rule through a sentence, is divided into different stages.The trial or the trial stage. It is carried out before the judge of knowledge, who from now on will listen to each of the parties and will rule through a sentence, is divided into different stages.The trial or the trial stage. It is carried out before the judge of knowledge, who from now on will listen to each of the parties and will rule through a sentence, is divided into different stages.
- The prosecution hearing, the Prosecutor will present the indictment, will recount the facts and formally present the accusation, the discovery of evidence by the prosecution will be made on a mandatory basis and the challenges, impediments and nullities will be presented If there are. After 45 days the preparatory hearing will be held, in which the full evidence will be discovered and the conduct, relevance and effectiveness of each will be examined. After the previous hearing, within 45 days, the the oral trial hearing where it will take place.
- the practice of tests, the testimonies and interrogations will be carried out, only the tests that were obtained legally will be valid; the prosecutor exposes his theory of the case in a mandatory way and for the defense it will be optional, the conclusion arguments will be presented, also the opposition To these, the judge will rule, once the parties have heard, he will make a sense of the ruling, the individualization of the sentence and the reading of the ruling.
It will proceed to decree the hearing of the reparation incident, in which the victim will indicate what his / her claims are in order to obtain reparation for the fact that caused the damage.
