Definition of Inquiry Statement

In criminal proceedings, it is common for a judicial officer to question a person denounced for a crime. This occurs when a judge you have well-founded suspicions in connection with criminal activity. In order to find out about an alleged crime, a investigation known as an inquiry statement.

In this diligence, the official explains the reasons that justify the presence of the person investigated and in this way the respondent can offer his version of the facts.

The first phase in a criminal proceeding

In the investigatory statement, the defendant has the chance to defend themselves. Of course, the person being investigated has right who knows what he is accused of. Likewise, he cannot be compelled to testify against him or against his spouse.

On the other hand, the respondent has the right to remain silent and how attitude cannot be used against you. As in other legal proceedings, the defendant may request the presence of a chosen lawyer by himself or by the State (you also have the right to use the services of a translator interpreter).

After the first phase of the investigatory statement, the prosecutor will decide whether it is possible to impute the charges to the investigated. In other words, if the investigation continues for the acts allegedly committed. In the event that the defendant does not go to the prosecutor's office to render an account of his responsibility, the process against him would continue through the normal course until the trial is held.

As a general guideline, the person promoting this type of statement is an investigating judge. Hy must indicate that the investigation is not related to the police interrogation. In any case, this statement is a necessary requirement to prosecute a accused.

The investigation of a criminal act begins with an investigation

For a prosecutor to be able to make a substantiated accusation, the alleged offender must first be investigated. The investigatory statement is the first step in any criminal proceeding. This preliminary stage is not probative, that is, it does not present evidence against the alleged offender, since he is interrogated to find out his relationship with an activity criminal.

Finally, the procedure for an investigatory statement is integrated into a law of criminal prosecution. In this sense, before the possible commission of a crime the prosecution decides to open an investigation and it is in this context that the preliminary investigation or investigation phase takes place.

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