Understanding Roles in Criminal Proceedings: Active and Passive Parties

Active Parties (ACUS)

These include the Public Prosecutor (MF), the private accuser, the civil actor, and any particular civil party. They are natural or legal persons, or institutional bodies, seeking satisfaction for a particular interest.

The Public Prosecutor (MF)

The MF is in charge of promoting the course of justice in defense of legality and the rights of the citizen. It is responsible for exercising prosecutions before the courts. For impartiality, it is imperative that the sentencing judge does not know anything about the instruction phase conducted by the MF. The MF works to ensure justice but is not part of the judicial power.

Principles of Action of the MF:

• Legality
• Impartiality
• Unity of action
• Hierarchical dependence

The MF is recognized for all crimes prosecuted ex officio. In semi-public crimes, the MF must launch the action after a prior complaint. The MF shall not intervene in private criminal complaints (such as libel and slander), which require action by the aggrieved party.

Duties:

• Inspection of summary offenses of public interest.
• Adoption of necessary measures for research (proceedings).
• Participation in all parts of the prior investigation.

Prior Investigation Cessation:

The MF can arrange any kind of documentary, personal, or expert care that may be helpful in the investigation. These acts are practiced with legal guarantees. Resolutions may include:

• Archiving the case.
• Presentation to the examining magistrate to open a preliminary investigation.
• Tracking the investigation.
• Cessation of diligences.

Private Accuser (Acusador Particular)

These are private parties who exercise the criminal action because they were offended by the crime.

Popular Accuser (Acusador Popular)

Any Spanish citizen who was not offended by the crime or misdemeanor can enforce the penal rule.

Private Accuser (Acusador Privado)

For crimes that can only be pursued by the offended party, the action is exercised through a private complaint (querella).

Actor Through:

The MF, the individual private accuser, or the private accuser may initiate both the criminal prosecution and the civil action as a plaintiff.

Passive Parties (Marked)

These are the parties indicted by the accuser.

Accused (Acusado)

A person against whom the proceedings are directly aimed. This person may be called, charged, indicted, tried, convicted, or sentenced. This status is communicated when judicial authorities consider them accused.

Direct Responsible Party (Responsable Direct)

This consists of liability for loss or damage caused by criminal conduct, borne by the perpetrator or accomplice. This liability also applies when there is diminished criminal responsibility due to minority or diminished capacity from birth.

Subsidiary Civil Responsibility (Responsabilidad Civil Subsidiaria)

This occurs when the direct civil responsibility cannot be paid. In this case, a third party (such as parents or guardians) will pay alternatively. The Public Administration will take care of these costs if necessary.