What Does criminal process Mean
Before entering fully into the establishment of the meaning of criminal proceedings, it is necessary to determine the etymological origin of the two words that give it its shape:
-Process derives from Latin, specifically from “processus”, which can be translated as “advance” or "development."
-Penal also emanates from Latin. In his case, it is the result of the evolution of "poenalis", which means "related to the fine" and which is made up of two different parts: the noun "poena", which is synonymous with "fine", and the suffix " -al ”, which is used to indicate“ relative to ”.
The criminal process is the process of a legal nature which is carried out for a state agency apply a law criminal type in a specific case. The actions that are developed within the framework of these processes are aimed at the investigation , identification and eventual punishment of those behaviors that are classified as crimes by the criminal code .
Specifically, we can establish that all ordinary criminal proceedings are made up of three different parts or phases:
1-Pre-instruction. This first period is characterized by the fact that, during it, not only the facts that are going to be the subject of the criminal process are established, but also the crime under which they would be protected. All this without overlooking, of course, the possible responsibility of the accused or his freedom, after he has declared and the decision made by the judge through a relevant order. This can be subject to process, freedom or formal imprisonment.
2-The instruction. In this second phase, for their part, the lawyers of both parties will proceed to present all the evidence in their favor as well as the circumstances surrounding the event in question. That will mean that they are put on the table from the results of inspections through the testimonies of witnesses or expert opinions of various kinds.
3-The trial. Finally, all the evidence, details of the case, reports and other documents will be presented and exposed in front of the judge by both parties, with the clear objective of making it clear that their clients are the innocent.
The ultimate purpose of criminal proceedings is the preservation of public order. The characteristics of its development depend on each jurisdiction. In Argentina , for example, the criminal process makes it possible to punish those over 18 years of age .
The usual thing is that a criminal process begins with a preparatory instruction that consists of the investigative stage. In this part of the process , the evidence that will support the accusation against a person is collected.
Once this stage is completed, it is time for judgment . The criminal process, in this instance, consists of the analysis and assessment of the evidence that was collected during the investigation. Based on this analysis, the judge in charge of the criminal case will issue the corresponding ruling and will establish the penalty that corresponds to the perpetrator of the crime, in case this authorship has been proven.
Finally, the criminal process is completed with the execution of the sentence , that is, with the effective fulfillment of the punishment determined by the judge or the court in accordance with the provisions of the law.
An example of a criminal process is that procedure that begins after a murder , with the investigation that may lead to the arrest of the suspect, the trial that is carried out to confirm his responsibility in the act and the punishment that is applied if he is find that the person is guilty.