According to the Criminal Procedure Code, it is a crime private or a crime related to matters privates, and it is not considered serious enough to affect the public order of society.
Which cannot be formally prosecuted by public authorities, such as the police, judges or prosecutors, but the effective intervention of the victims is necessary as a promoter of justice and as a participant in the judicial process.
The procedural channel through which the victim of a crime can pursue the judicial process is known as complaint. In this article we will leave you everything you need to know about crime private.
What is private crime?
The crime private It differs from the crime of a public act, where the public authorities have the automatic power to prosecute acts of justice, and where neither the will nor the person of the victim is required in the process.
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The types of crimes
To understand the meaning of privacy crimes, it is necessary to rely on the classification of crimes according to the degree to which they are prosecuted and the potential impact of the pardon.
In view of this, it should be emphasized that the offense may be:
They are persecuted spontaneously and without forgiveness, this is done publicly.
They must be denounced by one of the interested parties or their legal representative in order to be judged. They can benefit from an effective pardon for expiration of his sentence.
They have an effective pardon that eliminates the applicable penalty. The perpetrators of these crimes are only prosecutedon the initiative of the victim or his legal representative.
Individual or private crimes
They affect one or more specific audiences, but fail to harm the entire population, and can only be prosecuted at the initiative of the aggrieved party.
After the amendment to Penal Code As of 2015, the scope of separate offenses has been narrowed so that we see the provisions for separating offenses in sections 205 to 216.
To understand the concept of crime private, it is necessary to rely on the classification of crimes according to the degree of prosecution and the potential impact of the amnesty, which can be public, semi-public or private.
General offenders are often formally prosecuted and not pardoned.
They must be denounced by one of the people involved or their legal representative to be prosecuted. They can benefit from an effective pardon to extinguish their sentence.
They have an effective pardon that eliminates the applicable penalty. The perpetrators of these crimes are only prosecuted at the initiative of the victim or his legal representative.
What behavior can be considered a private sin today?
Only defamation and insults against people constitute a crime against privacy.
In these cases, the plaintiff does not intervene because, in accordance with the provisions of the Article 215 of the Penal Code, the litigant must file a complaint.
Characteristics of private criminal proceedings
criminal proceedings privates are characterized by having different qualities, among these we have:
The procedure is done voluntarily
In the act of promoting a crime private, seeks to prevail the will of the owner.
The procedure is carried out with exemption.
The criminal case can be waived private, when the person is believed to be innocent.
The procedure is performed relatively
Private criminal action is relative, because the management of the entire criminal process and above all, the power to implement the law of punishment is in the hands of the State.
So the individual has no powers that can close the framework in the state of crime control.
What behavior can be considered a separate sin today?
Only defamation and insults to people constitute a privacy crime. Two illegal acts identified in article 11 of the Penal Code.
In these cases, the plaintiff will not intervene and the interested party must file a complaint.