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The usual thing is for people to go to the nearest police

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發表於 2024-3-14 18:23:53 |只看該作者 |倒序瀏覽

Station or barracks to report the incidents. The complaint is filed directly before the judicial body with territorial, objective and functional jurisdiction to hear the matter. Formal requirements: The complaint is submitted in writing and is signed by the complainant or by a duly authorized person on his or her behalf. It can also be formulated orally at a Police Station or Barracks. The complaint must be submitted in writing signed by a lawyer and attorney. Implications: The complaint consists of a mere statement of facts. The complaint not only contains a statement of the alleged criminal acts, it also includes its legal classification (the specific crime of the Penal Code), the documentary and audiovisual evidence that proves its commission, the identification of the alleged perpetrators, and the proposal of judicial proceedings. investigation. Its writing, obviously, is the job of the lawyer.specific person from the moment in which, when the case is initiated or subsequently, a reasoned judicial resolution is issued in which his or her alleged participation in an act that may constitute a crime is attributed to him.

Notwithstanding the foregoing, the presentation of a complaint or the complaint made before a judicial body, in which a specific person is attributed his or her alleged participation in an act that may constitute a crime, will suspend the calculation of the prescription for a maximum period of six months, counting from the date of presentation of the complaint or formulation of the complaint. (...) Section 132.2 of the Criminal DM Databases Code For example , if a criminal case is initiated against an investigated person , whom we will call subject “A”, a statement is taken, he is subjected to a lineup , or any other procedure is carried out , the procedure is formally directed against him. At the moment in which the judicial resolution is issued in which subject “A” is considered investigated, the statute of limitations for the crime is paralyzed. If after the investigation phase has passed , the Court that investigates the facts agrees to the provisional dismissal of the case because there is not enough evidence to accuse subject "A", in that case, the limitation period is restarted and the period begins to count from zero.



Day on which the file is agreed.This case has been interpreted as follows: if the perpetrator really wanted to kill and/or injure each of those people, it would be similar to him having shot each of them. And, in this case, no one would doubt that it would be a real contest. Therefore, if the subject carries out a single action, but wanting to provoke each of the crimes committed, knowing that this single action would be enough for him to do so, we would be facing a real competition. The opposite could also result in an unfair solution, since the ideal contest entails less punishment than the real contest, where penalties are accumulated (which is why killing several people with a bomb would entail less punishment than with a gun, For example). That is why, for example, in the Supreme Court ruling of 848/2004, of July 2 , which deals with the sadly famous Hipercor case, the high court understands that there was a real concurrence of crimes in this case in which 21 dead and 31 people injured.
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