Definition of criminal action
Miscellanea / / July 04, 2021
By Florencia Ucha, in May. 2014
The concept that will occupy us in the present review It is widely used in the judicial field, being undoubtedly one of the basic and most practiced actions on the legal plane.
Because basically the criminal action consists of that legal action that is initiated officially or privately to punish a crime that has occurred, perpetrated against someone or something.
The laws of any part of the world have defined in their codes all plausible crimes of being punished, while criminal offenses, contained in the code criminal, have their corresponding punishments, sanctions. Once a crime of this category has been committed and as the law imposes a sanction It will be precisely through the criminal action that the same will obtain treatment in the judicial process and once it is finished, the corresponding punishment will be achieved.
As we have already indicated, the criminal action may be initiated both by the state and by the individuals affected in a personal and particular way.
For example, a criminal murders a man at the request of a robbery. Both the state in its role as guardian of social peace, or the victim's relatives, will be in a position to initiate a criminal action against the murderer so that he meets the punishment that the law imposes on him for having stolen and killed a person.
Immediately after the fact, the corresponding forces collect the evidence that will be taken and exhibited in the judicial process that follows the offender. Once all the details and considerations have been exposed, the judge or court, in case of finding the guilty individual, will sanction him with the corresponding punishment.
Then, there are two types of criminal actions, the public call, because it is exercised by the public prosecutor who has the responsibility to make the investigation and if the sanction of a crime corresponds, that is, there is no request from someone to start the action, it is the state itself that must react to the crime that has occurred by generating it through the organisms relevant. Is a obligation by the way of these.
And on the other hand, the private criminal action is only started by the victim of the crime, not having in this case participation of the public ministry. The most common cases that trigger this type of action are libel and slander. The slandered person directly initiates a criminal action against his slanderer.
Topics in criminal action