The first deadline to be respected in the criminal complaint is the legal deadline for the submission of this instrument without forfeiture. Therefore, in this article, you will ask all your questions about what the criminal complaint is, how and when to use it, and what requirements are provided for in the law. And what are the crimes that are the subject of a private prosecution? Thus, the lawyer must be in possession of this power of attorney of special powers of attorney so that he can represent his client in the filing of the action. The complaint is nothing more than the petition about the crimes of private prosecution. However, it may happen that this is the appropriate document if the prosecutor`s complaint in public prosecution crimes – private criminal act is not openly offered to the public. In any case, the problem will describe a situation in which the victim, his client, requests the conviction of the perpetrator of the crime and no criminal proceedings are yet pending. There was also the practice of the offence of defamation (CP, art. 138, “caput”), when the Querelado found that the querelante offers alcohol to young people, a crime provided for in art. 243 of the Court of Auditors. 243. Sell, deliver, serve, manage or deliver, even free of charge, in any way whatsoever, to the child or young person, alcoholic beverages or, without valid reason, other products whose components may cause physical or psychological dependence: penalty – imprisonment from 2 (two) to 4 (four) years and fine if the fact does not constitute a more serious criminal offence. The deer has never practiced such behavior.
The information is nothing more than the fantasy invented by Marcos, which was falsely subordinated to the claimed fact, which was defined as a crime. The criminal complaint is used in cases of private criminal proceedings and is filed by the offender himself or by the legal representative through a lawyer in court. Finally, it is important to add that the right of appeal must be taken seriously and accurately assessed by the lawyer representing the plaintiff, since it is a procedural position that is different from the usual defence position of defence counsel, but which represents the exercise of the master and the protection of the client`s rights. The Code of Criminal Procedure contains in its text (art. 395) the reasons why the criminal complaint or complaint may be rejected. Among them: Then you can ask for the summons of the Querelados, the name of an investigation hearing – in some crimes there is a conciliation hearing beforehand – and finally you ask for the conviction of the accused. But before we get into the technical requirements of the criminal complaint, do you know how to interpret its relevance in our legal system? In the statement, it is clear that Mark committed a crime against honor. According to art.
145 CPR. Art. 145 – The crimes provided for in this chapter are dealt with only by means of a complaint, unless, in the case of Article 140, § 2, violence leads to bodily harm., As a general rule, crimes against honour are prosecuted only by complaint, that is, by private criminal acts. As there are still no measures in the process, only the offer of the complaint remains an option. The criminal complaint, which is offered exclusively in the context of private criminal proceedings, has a number of peculiarities, since it places the lawyer as a prosecutor in a position contrary to that of the defence. Now that you understand what it is and how to create a standard model of criminal charges, it`s clear that this is sort of a basic procedural piece in the performance of the defense lawyer, isn`t it? The criminal complaint acts as a complaint in criminal proceedings and both can be classified as parties who initiate criminal proceedings. The fundamental difference between them is their property, that is, the ability to pass on the request to the judiciary. Art. 105 – The pardon of the offended person in the case of crimes involving only a complaint prevents the continuation of the act.
It should also be noted that in cases where the complaint is filed by a lawyer or legal representative, the Attorney General must have a special power of attorney for this purpose. According to Article 44 of the CCP, it is customary for criminal defence lawyers, whose activity takes place mainly in the field of defence, not to be accustomed to the time limits for lodging a criminal complaint – and to the treatment of private criminal proceedings as a whole. Article 32 In the case of crimes of private action, the judge shall appoint a lawyer at the request of the party proving his poverty in order to promote prosecution. As we have already seen, the criminal complaint is intended to prosecute. But in what types of criminals is it possible to lay criminal charges? In the case of a private offence, the offender or his or her legal representative in the context of a private offence (a) shall request a lawyer to take appropriate measures. Remarks: During the fifteenth review of the order, FGV did not require any of this. However, these can occur in future evidence if the bank files a new criminal complaint. In the second phase, try to advocate as many theses as possible. I say this because the examiner simply does not know what is not in the model. It doesn`t hurt the bill if it asks for more.