Concept in Definition ABC

Person to whom the commission or participation in a crime is attributed

The concept of the accused has a use excluding in the judicial sphere since in this way the person who is attributed the commission of a certain crime or its participation in some criminal act. Meanwhile, the action is called impute, while the action and the effect of imputing someone is designated as imputation. By the way, three concepts that are used repeatedly in the judicial field and that those of us who are not in it tend to hear a lot in the news that give an account of it.

Not guilty yet

Then, to make it even clearer, a person will be charged / or in a fact when the charge is formalized at the behest of the judicial sphere. Now, we must say that a defendant is not yet guilty of the fact that is charged. Many times it is confused with guilt and therefore we must clarify it. An imputation is only the attribution of a crime to someone or the participation in it, as we have already said.

A prosecutor is the one who promotes it when he suspects the commission of the crime, while, from that imputation, a process of investigation, to collect evidence, to determine whether the accused committed a crime or not. Clearly then we must say that being accused is not guilty of something far from it, there is only a suspicion that must be investigated and then the investigation will determine if it is or not.

The person to whom participation in a crime or punishable act is attributed will be one of the most relevant procedural subjects..

What is a crime?

Crime will be all conduct, action or omission typified by the law and absolutely contrary to right, that is, that it is legally penalized. There are different types of crimes, against life, liberty, honor, privacy, property, public health and safety public, among others.

Justice has the duty to guarantee due process and the rights of the accused

From the first action that is carried out in the procedure for which the person in question has been charged in it, until the full execution of his sentence, the legislator must be concerned about the situation of the accused and guarantee the realization of some rights from that first action until the aforementioned moment.

All accused, whatever their situation you can enforce the rights and guarantees that the laws offer you until, as we said, the process against you ends.

Rights of the accused

Then, until the process is finished, the accused will have the right to the following: to be informed clearly and precisely of the charges for which they are imputed in a case and the rights granted by the laws, be assisted by a lawyer, request prosecutors for proceedings aimed at distorting the accusations against him, request the judge to convene a hearing in which he can give a statement, request that the investigation be activated and know his content, request dismissal, remain silent if they so decide, not be subjected to torture or other inhuman treatment, not be judged during their absence.

We are all innocent until proven guilty

The principle of innocence or presumption of innocence turns out to be the main criminal legal principle in favor of the accused, the famous phrase, we are all innocent until proven otherwise is not only a popular and cliché but at the behest of the law it is a concrete reality. Only through a criminal process in which the guilt or intervention of someone in a crime may the State apply a sanction according to the crime in which there is incurred. The aforementioned presumption of innocence is a guarantee enshrined in the Universal Declaration of Human rightsand in some International Treaties on human rights (American Convention on Human Rights / Pact of San José de Costa Rica).

Pretrial detention, a measure that guarantees that the resolution is brought to fruition

Although the principle of innocence will remain immovable whatever the circumstance, if a certain jurisdiction, in order to guarantee due process, decides it appropriate, it may implement some precautionary measure, such as preventive detention, which certainly contradicts the aforementioned principle, but which is a typical measure which is taken because the risk of the defendant's flight or his participation in an issue that obstructs the investigation. Preventive detention is precisely dictated to preserve the resolution of the case.

Issues in Imputed