In shutdown issue in flagrante delicto, the integration of the hypothesis of 'almost flagrante' presupposes that the police perceive directly the elements which suggests a high probability the responsibility of the person arrested and, then, there must be a direct perception of the suspect's 'surprise' ...
L’art. 415 twice c.p.p. regulates the legal institution of the opinion of the suspect, preliminary investigations. With this provision the Legislature wanted to ensure the suspect object has the ability to effectively exercise their right of defense at a time compared to the prior prosecution by the ...
The preliminary hearing before celebrating the G.U.P., and its function is to ensure that the judge checks the validity and the merits of the indictment formulated by p.m. . In addition to this, It can act as a seat for advance definition of the procedure, could the ...
The decree of summons to judgment is the act by which the p.m. prosecutes citing the accused to appear directly before the Judge Tribunal and is covered by the 'art. 552 c.p.p. . With this mode of vocatio in ius, being the p.m. to adopt the decree,...
The probative is a procedural institution that allows the anticipation of the phase of the test formation in the course of the preliminary investigations or in the preliminary hearing. It finds its ratio in the need to ensure those sources of evidence that for certain reasons, strictly defined by Article. 392 c.p.p.,...
The review is a form of appeal against the ordinance providing for the application of coercive and asset precautionary measures. Against the measures they are determining in order to change or revocation of a measure already previously prepared, and against the ordinances that have the application ...
The warranty information is the act by which the p.m. It informs the suspect debit provisional moved, with laws that are to be violated, the date and place of the event taken as a criminal whereby it was invited to appoint a defender of trust. The alert notification ...
The three forms of seizure provided for in the Criminal Procedure Code are evidentiary, conservative and budget. The seizure of evidence is a means of testing research; the remaining two belong to the genus of the precautionary measures. A common feature of the three types of sequestration is the affixing of a ...
L’art. 415 twice c.p.p. regulates the legal institution of the opinion of the suspect, preliminary investigations. With this provision the Legislature wanted to ensure the suspect object has the ability to effectively exercise their right of defense at a time compared to the prior prosecution by the ...