Criminal Case Progression: From Inquiry to Trial

Court Summons and Prosecution

This stage involves a summons to appear before the court for prosecution. While the specific car mentioned may not be directly actionable, it can be requested to revoke an intermediate stage before the competent body.

B) The Intermediate Phase

This phase serves a dual function: it controls whether the conclusion of the summary proceedings was correct and decides the merits of the case for oral trial.

• The Court sets a deadline for prosecutors to review the file and determine whether they agree with the inquiry's conclusion or if further proceedings are necessary.
• The accused may also request additional investigation, seek dismissal, or request the opening of a trial.
• If the summary proceedings are not closed properly, the order will be revoked and returned to the instructor for further action.
• If closed properly, the Court will decide within three days whether to order a dismissal or the opening of the trial.

The Dismissal

Dismissal is a form of terminating criminal proceedings before the trial, effectively acting as an acquittal for the accused.

Types of Dismissal:

• Full Dismissal: Equivalent to an acquittal, producing the same legal effect. Reasons include:
  • No reasonable suspicion that the alleged act was committed.
  • The act occurred but was not a criminal offense.
  • The defendant is exempt from criminal liability as a perpetrator, accomplice, or accessory.
• Provisional Dismissal: Involves the indefinite suspension of the process due to a lack of evidence regarding the act's existence or its attribution to a person. The process can be resumed at any time. Causes include:
  • The perpetration of the crime is not properly justified.
  • There is insufficient evidence in the record for the commission of a crime, or insufficient grounds to charge specific individuals as perpetrators, accomplices, or accessories.

Dismissal can be total (affecting all parties) or partial (affecting only some). An appeal can only be filed against an order of dismissal based on the lack of typicality of the offense.

• The Court must issue a dismissal if all parties request it and no indictment is filed.
• If any party requests it and the opening of a trial is required, the Court must agree.

C) The Trial

Once the order opening the trial is issued, proceedings must continue until a court rules on the culpability of the accused.