29 Dec The 4 phases of the criminal procedure in Venezuela
The criminal process begins through: Complaint, complaint or ex officio by the investigating judge, it is also initiated from the moment the judge becomes aware of the “notitia criminis”.
The “notitia criminis” is the name under which the different means through which the criminal procedure can be initiated can be classified, either through a complaint or a complaint or through a police or ex officio report, the jurisdiction becomes aware of the commission of a crime.
However, in the event that certain circumstances concur, the Criminal Procedure Act establishes a series of formalities:
Private crimes: With regard to the crimes of insults and slander, the initiation of the process is required to occur through a complaint.
Semi-public crimes: Here the prior complaint by the injured party will be necessary.
The complaint is regulated in Title I, of Book II of the Criminal Procedure Act (Art. 259-269, LECrim). It can be defined as an act of communication to the public authorities of certain facts in order to obtain a legal consequence. For purely criminal purposes, the complaint is intended to communicate to the judicial authority, Fiscal Ministry or State Security Forces, some facts that may be constitutive of a crime or offense.
Both the judicial authority, such as the Public Prosecutor's Office or the State Security Forces and Corps, upon knowledge of certain facts that may be classified as a criminal offense or criminal offense, have the obligation to act in order to clarify and punishment. However, taking into account that any citizen is entitled to file a complaint, it is worth asking whether it is a right or, on the contrary, a duty, so we say and confirm: it is a duty whenever In the event that a person is aware of facts that could be constitutive of a crime or offense and do not communicate them to the judicial authority, the Fiscal Ministry or the State Security Forces and Bodies, they may be punished.
However, as a result of the existence in the Criminal Code of semi-private crimes, the fact of filing a complaint must also be configured as a right that the injured or aggrieved may or may not exercise in the event that the conduct was punishable.
When we now talk about QUERELLA, its regulation is found in Title II, of Book II of the Criminal Procedure Law (Art. 270-281, LECrim). In this sense, it should be noted that the criminal action is public and therefore, it can be exercised by all citizens, whether or not they have been offended by the allegedly constitutive behavior of crime or offense, and thus it follows from various legal precepts: Art. 125 SPANISH CONSTITUTION, 19.1, Organic Law of the Judiciary and Art. 101, Art. 270 LECrim.
We can conclude from the foregoing that citizens can appear as accusers in order to prosecute behaviors that could constitute a crime or offense. That said, the complaint can be defined as a declaration of will by virtue of which, a person expresses in a certain way before a court, his desire to be part of a criminal process as an accusation, in order to prosecute allegedly constituting a crime or offense.
The optional nature of the complaint allows its withdrawal at any time, without affecting the prosecution of the crime. However, the complainant, in the event of abandoning the complaint, will cease to be a party to the process through which the acts allegedly constituting a crime or offense will be prosecuted.
Finally, the criminal process can be initiated ex officio by the appropriate investigating judge. Therefore, it is possible for the investigating judge to take cognizance on his own and not through third parties, as in the case of the complaint or the complaint, of certain facts that may be constitutive of a crime or offense established in the Criminal Code, coupled with the fact that the investigating judge may only prosecute ex officio those crimes that are classified as public, since the law does not grant him the power to exercise popular action (102.3, LECrim).
However, the investigating judge must inform the Prosecutor's Office of the facts so that, where appropriate, this is the one who carries out the accusation.
Phases of the Venezuelan criminal trial:
It consists of four phases: Preparatory Phase, Intermediate Phase, Oral trial phase and execution phase.
1- PREPARATORY PHASE:
It consists of preparing the oral and Public trial through the investigation process, gathering all the elements of conviction that allow to base the final act of the Public Ministry and the defense of the accused.
START OF THE INVESTIGATION (ARTICLE 300) DISMISSAL OF THE COMPLAINT (ARTICLE 301) DEVELOPMENT OF THE INVESTIGATION (ARTICLE 303) DECLARATION OF THE IMPUTED (ARTICLE 130 AND NEXT) APPLICATION FOR DILIGENCES BY THE INVESTIGATED TAX (ARTICLE 30) ARTICLE 30 (ARTICLE 30) )
The preparatory phase We will find from Article 280 of the COPP
Measures to be carried out by the Public Ministry in the Preparatory Phase
- Require from any person, body or institution, the necessary and pertinent information to clarify the facts.
- Practice by yourself or through the organs of the Scientific Police any Class of Measures, Acknowledgments.
- The Investigator's Identification.
- Driving Mandate
- Expert Practices
- Inspection practices.
- Medical Recognitions
- Appraisal practices.
- Medical exams
- Advance testing
- Return items Weapons Vehicles Objects Furniture Goods Animals People Imp. And Vict. About goods of Economic Biological Physical Physical Psychiatric Post-mortem.
The Process can also be initiated with the Detention of the Imputed and / or Investigated In this case we must analyze two aspects: Article 248 of the COPP.- For the purposes of this chapter, the offense that is being committed or the one that has just been committed will be considered as a flagrant offense. commit
It will also be a flagrant offense that for which the suspect is prosecuted by the police authority, by the victim or by the public outcry, or in which he is surprised shortly after the act was committed, in the same place or near of the place where it was committed, with weapons, instruments or other objects that somehow show off on the grounds that he is the author.
Flagrance and Procedure for the presentation of the apprehended. The apprehensive within twelve hours after the arrest shall place the apprehended person at the disposal of the Public Prosecutor's Office, who within thirty-six hours will present it to the control judge to whom he will explain how the apprehension occurred, and according to In this case, it will request the application of the ordinary or abbreviated procedure, and the imposition of a measure of personal coercion, or request the freedom of the apprehended.
In the latter case, without prejudice to the exercise of the actions that may take place. The control judge will decide on the fiscal request, within the following forty-eight hours after the apprehended person is placed at his disposal.
If the control judge verifies that the requirements referred to in the previous article are met, provided that the Prosecutor of the Public Prosecutor's Office has requested it, he will decree the application of the abbreviated procedure, and will forward the proceedings to the sole proprietorship, which will summon directly to the oral and public trial to be held within the next ten to fifteen days.
In this case, the prosecutor and the victim will present the accusation directly at the oral trial hearing and the rules of the ordinary procedure art 373 copp will be followed.
2- INTERMEDIATE PHASE:
It is the set of procedural acts that mediate after the Public Prosecutor's Office has terminated the preparatory phase and presented its final act, (tax file, dismissal or accusation); In this phase of the Criminal Procedure, the procedural stage is initiated to determine whether or not to open the Oral and Public Trial against him or the defendants “THE FISCAL FILE AND OVERSIGHT” whether or not this FISCAL CHARGE is accepted by the court. According to 327 of the COPP once the accusation is presented, the judge or judge will summon the parties to an oral hearing, which must be held within a period not less than fifteen days or greater than twenty.
The victim may, within a period of five days, counted from the notification of the summons, adhere to the prosecutor's accusation or present a private accusation of his own in compliance with the requirements of article 326.
The admission of the victim's own private accusation at the end of the preliminary hearing, will confer the quality of the complainant in the event of not holding it before for not having previously filed a complaint during the preparatory phase. If they have done so, they cannot file their own private accusation if the complaint has been declared withdrawn.
Powers and charges of the parties. Up to five days before the expiration of the deadline set for the holding of the preliminary hearing, the prosecutor, the victim, provided that he has filed a complaint or has presented a private accusation of his own, and the accused may perform the following acts in writing; Oppose the exceptions provided for in this Code, when they have not been raised previously or are based on new facts; Request the imposition or revocation of a precautionary measure; Request the application of the procedure by admission of the facts; Propose reparative agreements; Request the conditional suspension of the process; Propose the evidence that could be stipulated between the parties; Promote the evidence they will produce in the oral trial, indicating their relevance and need; Offer new evidence of which they had knowledge after the presentation of the fiscal accusation.
Audience Development. On the appointed day, the hearing will be held in which the parties will briefly state the basis of their requests. During the hearing, the accused may request that his statement be received, which will be rendered with the formalities provided for in this Code. The judge will inform the parties about the alternative measures to continue the process. In no case shall the preliminary hearing raise questions that are specific to the oral and public trial.
3- ORAL JUDGMENT PHASE:
Oral trial stage. The trial stage includes from the receipt of the trial opening judgment until the judgment issued by the Court of Judgment.
It is the decision stage of the essential issues of the process. The trial stage includes from the receipt of the trial opening judgment until the judgment issued by the Court of Judgment. It is the decision stage of the essential issues of the process.
It will be carried out on the basis of the accusation in which the effective validity of the principles of immediacy, publicity, concentration, equality, contradiction and continuity must be ensured.
The Judge establishes the hearing protocol.
Opening allegations, evidence relief and closing allegations are made.
The Judge issues the ruling, and if convicted, a hearing is set for the individualization of the sentence.
The defendant can appeal through an appeal.
4- EXECUTION PHASE:
Definition We can say that the Criminal Enforcement is another phase of the criminal process considered integrally in which it seeks to comply with the provisions of the sentence that condemns a sentence of deprivation of liberty, without forgetting to respect the fundamental rights of sentenced subjects.
WHAT IS AN EXECUTING JUDGE: The Execution Courts will be in charge of controlling the execution of the sentences, the conditional suspension of the procedure, the treatment of the prevention and the fulfillment of the purposes of the preventive detention, and the substantiation and resolution of all the incidents that occur during the stage.
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Summary very clear.
- Mario Kanchints
The 4 phases of criminal procedure in Venezuela begins with the complaint, complaint or ex officio by the investigating judge, it is also initiated from the moment the judge becomes aware of the “notitia criminis”.