Criminal Proceedings Initiation Methods Explained

Modes of Initiation of Criminal Proceedings

The Initiation of Proceedings: The Notitia Criminis

The complaint is a system capable of moving the notitia criminis to the courthouse. The complaint of an act with criminal appearance puts the judge in the need to teach, learn, and investigate the veracity of the allegations. The complaint is an act of knowledge; that is, the complainant makes known to the court or competent authority defined events that constitute a crime, without asking for anything or being obligated to anything.

The complaint does not include any request, much less a procedural one. It is basically a civic duty that the law imposes on all who witness or have knowledge of the perpetration of a crime. The complaint does not require a special form; it can be made on behalf of oneself or a third party (if one has the power to do so) and may be in writing or oral. It must be presented to the Magistrate's Court or the Peace Court of the place where it is made, or before the public prosecutor or before an officer of the Forces or State Security Corps.

The Police Report

Our law allows the judicial police to conduct what is called a "preliminary investigation," which is an investigation, not judicial, carried out by the police when it comes to their knowledge that acts of a criminal nature may have been committed. It does not substitute for judicial review and is incompatible with it. It performs the functions and has the nature of a complaint.

The Commencement Parte: The Lawsuit

The lawsuit is a formal, written instrument for exercising the power to accuse. It is, therefore, a formal accusation. The filing of the lawsuit is the way to start the ex parte process. The indictment, as the charge, is essentially a declaration of intent. It makes known to the court a series of criminal acts, not that the accuser knows and checks them, but to request the initiation of proceedings against someone formally accused of committing them.

It must meet certain minimum conditions:

• On some facts constituting an offense.
• It must determine the person accused by providing the necessary data for identification. Both the plaintiff and the sued party must be easily identifiable.
• The complaint must contain the request for the completion of certain trial investigation formalities.