Private accusation

  crimes, Criminal law

The respective private accusations are the term applied in criminal proceedings and are generally initiated by a private person or organization or by a prosecutor representing the state. To bring a particular action, a person or state-sponsored entity other than a prosecutor will go to the local court of the jurisdiction respective (penal or provincial).

You will need to find a pacifist judge or judge to convince that there is sufficient evidence to demonstrate a reasonable likelihood of conviction. Once the judge or justice of the peace is convinced, he or she will issue a summons to appear that must include the name and profession of the plaintiff, the judge and the court requesting it, the name and address of the offender or alleged offender, and a description of the alleged crime. 

 The judge will issue a summons for one day, the respective plaintiff or the court will deliver a situation directly which will begin the respective legal procedures. On the day of confession, accused pleaded guilty or innocent, If the accused pleads not guilty, a trial date is set; if he is guilty, The judge immediately pronounces the sentence. 

 Who can bring private accusations? 

 According to the provisions of the Criminal Procedure Code, any person who is the victim of a crime against himself, his spouse, Your descendants, your ancestors, your siblings or related persons have the right to sue separately. 

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 Could be: 

  • Spanish citizen or, failing that, legal representative. 
  • Foreigners, in case of crimes against people, property or their representatives. 
  • Legal person

 For example, the public and state organizations involved in crimes are linked to the vulnerability of the rights enshrined in the Constitution. Associations devoid of personality have been affected by crime (unconventional businesses, communities of owners, etc.). 

 Multiple victim crimes in private accusations

 In some cases, crimes are committed against two or more people, so we are talking about multiple victims or injured parties. 

 In these cases, there are different options for individual prosecution: 

  • The independent person of each one of the people affected by the crime with their respective legal representatives. 
  • Group of people affected under the same defense or several according to the interests they pursue. This measure is generally designated by the judge for the good order of a procedure. 
  • It is important to clarify that if one of the affected people commits a crime, The rights are not limited to others. In other words, if a person affected by a crime initiates a criminal act, another injured person can do the same. 

How is a private accusation made? 

 When the criminal process is ongoing, The Judicial Administration is obliged to initiate criminal and civil proceedings against the victim. Also take into account your right to appear as a complainant, therefore the victim will decide whether to participate or not. 

 The injured party has the right to participate orally in the hearing and present its conclusions, as well as to review the prosecution's conclusions or other allegations. This function is called “apud acta” and it does not paralyze or reverse the process. 

 No unexpected charges may be brought against this person during the oral trial. Otherwise, the accused's right to defense will be affected. 

 When the offended party does not receive instructions about their rights, the omission of Justice can lead to the nullity of what has been done so far. This character is the opportunity to correct this deficiency. 

 Why carry out private accusations? 

 When one of the parties is aggrieved or a victim presents a specific accusation in a criminal proceeding, they are partly to blame. In this way, the lawyer who represents you has access to all the information in the file. 

 The exercise of the right to prosecute is included in the right to appeal and full participation in the criminal process. Some of the advantages of private charges are: 

  • They are free to provide any evidence they obtain during the investigation. 
  • Testimony and testimonies provided by the defendant
  • Attend the testimony of all witnesses called to appear. 
  • Presentation of accusation. 
  • Attend the trial. 
  • Have exclusive representation that protects your personal interests and works to obtain the corresponding sentences and compensation.