{"id":2758,"date":"2021-05-12T15:57:08","date_gmt":"2021-05-12T15:57:08","guid":{"rendered":"https:\/\/enorcerna.com\/wiki\/definition\/criminal-action\/"},"modified":"2021-05-12T15:57:08","modified_gmt":"2021-05-12T15:57:08","slug":"criminal-action","status":"publish","type":"post","link":"https:\/\/enorcerna.com\/wiki\/definition\/criminal-action\/","title":{"rendered":"Criminal action"},"content":{"rendered":"
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\nThe criminal action is the instrument in law that must be exercised to initiate a judicial process in the criminal jurisdiction.<\/strong><\/span><\/p>\n

<\/p>\n

When a natural or legal person is the victim of a crime, by means of a criminal action, the situation will be brought before the judge to judge the facts. How does this action materialize? This action will be filed through a complaint.<\/p>\n

Once a crime or offense is committed, the criminal action is born to punish the guilty. It does not have a claim as in civil, its function is exclusively the accusation for the commission of a crime.<\/p>\n

But equally, even if a person is not the victim of the crime, they can file a criminal action, even the State itself, if it observes the commission of a criminal action. In this case the action is materialized through a complaint.<\/p>\n

The exercise of filing this action is a fundamental right that safeguards access to the courts in the criminal jurisdiction.<\/p>\n

Characteristics of the criminal action<\/h2>\n

The main characteristics of the criminal action are:<\/p>\n

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  • Once this action is fixed, the object of the conflict is fixed and on which the judge will decide without being able to change. The action is not fixed according to the crime committed. That is, there is no action for robbery or theft, but what is fixed in the action is the act committed (injuries, death, etc.).<\/li>\n
  • Civil actions can be brought in the criminal process, seeking compensation for the victim.<\/li>\n
  • One of the main characteristics of criminal action is that they are inalienable. In other words, once the criminal process begins, it cannot be desisted, contrary to what happens with the civil process.<\/li>\n
  • The criminal action can be directed to one or more people, it can also be directed against legal persons.<\/li>\n
  • Until the judge resolves the process initiated by this action, another new process cannot be started with the same facts and the same people. Likewise, once the judge issues a final judgment, the same person may not be tried again for the same act and the same victim.<\/li>\n
  • Pursues the protection of the violated legal asset. For example, a criminal action that has as its object the death of a person, sees the legal good of life violated.<\/li>\n<\/ul>\n

    Who can file a criminal action?<\/h2>\n

    The legitimacy of who can initiate the criminal process, contrary to what happens with the civil process where the actor who initiates the process is the party to the conflict, in the criminal process there are more options:<\/p>\n

      \n
    • Popular action<\/strong>: Any person who knows of the commission of the crime but is not the victim, may bring this action against the person who has committed it.<\/li>\n
    • Fiscal Ministery:<\/strong> The state, through the prosecutor's office, can file this action to be part of this process.<\/li>\n
    • Offended or victim:<\/strong> The victim of the crime may file this action to see their violated rights restored.<\/li>\n<\/ul>\n<\/div>\n\n\n
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      The criminal action is the instrument in law that must be exercised…<\/p>\n","protected":false},"author":1,"featured_media":2759,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3],"tags":[],"class_list":["post-2758","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-definition"],"_links":{"self":[{"href":"https:\/\/enorcerna.com\/wiki\/wp-json\/wp\/v2\/posts\/2758","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/enorcerna.com\/wiki\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/enorcerna.com\/wiki\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/enorcerna.com\/wiki\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/enorcerna.com\/wiki\/wp-json\/wp\/v2\/comments?post=2758"}],"version-history":[{"count":0,"href":"https:\/\/enorcerna.com\/wiki\/wp-json\/wp\/v2\/posts\/2758\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/enorcerna.com\/wiki\/wp-json\/wp\/v2\/media\/2759"}],"wp:attachment":[{"href":"https:\/\/enorcerna.com\/wiki\/wp-json\/wp\/v2\/media?parent=2758"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/enorcerna.com\/wiki\/wp-json\/wp\/v2\/categories?post=2758"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/enorcerna.com\/wiki\/wp-json\/wp\/v2\/tags?post=2758"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}