Libro Primero · Título II Capítulo III. El acusador y órganos auxiliares

The exercise of criminal action corresponds to the Public Prosecutor's Office as an auxiliary organ of the administration of justice in accordance with the provisions of this Code.

It shall be in charge of the preparatory procedure and the direction of the National Civil Police in its investigative function within the criminal proceedings.

Assistant prosecutors who are lawyers may intervene in all instances of the criminal proceedings without any restriction and without the accompaniment of the prosecutor.

In the exercise of its function, the Public Prosecutor's Office shall conform its acts to an objective criterion, ensuring the correct application of criminal law.

In the exercise of its function, and within a time limit of no more than fifteen days from receipt of the complaint, the Public Prosecutor's Office must inform the victim of the actions taken and of the possible decision to be adopted. A victim who is not informed within said time limit may resort to a justice of the peace judge so that the latter may require, in the most expeditious manner, that, within forty-eight hours, the prosecutor inform him/her of the progress of the proceedings. If, based on the report or in the absence thereof, the justice of the peace judge considers the preparation of the criminal action insufficient, he/she shall order the prosecutor to inform him/her of new progress within a time limit of no more than thirty (30) days, or, failing that, of the circumstances preventing further progress in the investigation, under warning of certifying non-compliance to the disciplinary regime of the Public Prosecutor's Office, constituting a serious offense.

It shall formulate its requests and petitions in accordance with that criterion, even in favor of the accused person.

The Public Prosecutor's Office, upon receiving the complaint or the judicial request for a report referred to in the preceding article, may request the peace judge of the place where the criminal act was committed to carry out the proceedings contained in subparagraphs a) to d) of Article 552 Bis of the Code of Criminal Procedure. The prosecutor's request is the procedural condition for the peace judge to be able to carry out the proceedings of the described subparagraphs.

The mediation centers of the Alternative Conflict Resolution Unit of the Judicial Branch may carry out mediation proceedings in the cases requested of them by the Public Prosecutor's Office. The mediation agreements reached before these bodies shall constitute an enforceable title, where applicable, without need for homologation.

The Public Prosecutor's Office, like the other procedural subjects, shall make all requests in an oral hearing, unilateral or bilateral, as applicable, being clear and concise, demonstrating and arguing their claim.

The request for a hearing may be made in the most expeditious manner, using for that purpose the telephone, fax, electronic mail or any other means that facilitates it. The judge or tribunal shall certify what is relevant to wherever appropriate, when the prosecutor, without justification, fails to attend the hearings.

In the exercise of its functions, the Public Prosecutor's Office shall have the powers authorized to it by this Code. If the rule conferring the power does not distinguish, the respective faculty shall also correspond to it.

Public officials of the Public Prosecutor's Office shall excuse themselves and may be recused for the same grounds established in the law of the Judicial Branch for judges, except those that are not incompatible with their functions.

Excusals, impediments and recusals shall be resolved informally by the hierarchical superior, who, if appropriate, shall designate the immediate replacement of the public official. No appeal shall lie against the decision.

The police, of its own accord, by virtue of a complaint or by order of the Public Prosecutor's Office, shall:

1)Investigate punishable acts prosecutable on its own initiative.

2)Prevent them from being carried to further consequences.

3)Identify the accused.

4)Gather the investigative elements useful to support the accusation or to determine the dismissal of proceedings; and

5)Exercise the other functions assigned to it by this Code.

If the punishable act depends for its prosecution on a private complaint by the aggrieved party or on state authorization, the rules established by this Code shall govern.

Republic). The public officials and police agents shall be auxiliaries of the Public Prosecutor's Office to carry out the preparatory procedure, and shall act under its orders in the investigations carried out for that purpose.

The public officials and agents of the police, when performing investigative tasks in criminal proceedings, shall act under the direction of the Public Prosecutor's Office and shall carry out the investigative activities required of them, without prejudice to the administrative authority to which they are subject.

They shall also comply with the orders addressed to them by the judges before whom the proceedings are pending, for the conduct of the procedure.

The Public Prosecutor's Office shall supervise the proper performance of the auxiliary function of the police in criminal proceedings and may issue general instructions in that regard, taking care to respect its administrative organization. Such bodies shall coordinate activities for the better exercise of the criminal action by the Public Prosecutor's Office.

Public officials and police agents who infringe legal or regulatory provisions, who omit or delay the execution of an act proper to their functions or perform it negligently, shall be sanctioned in the manner that corresponds in accordance with their organic law, without prejudice to criminal liability if any should exist. Their dismissal may also be recommended to the corresponding administrative authority, who shall give notice to the Public Prosecutor's Office or to the tribunals of the sanctions imposed.

The same rules shall apply to any police body, such as that for borders, seas, rivers and means of communication, or to any public or private security force that performs police acts or collaborates in criminal investigations.

In crimes of public action, the aggrieved person with civil capacity or his representative or guardian in the case of minors or incapacitated persons, or the tax administration in matters within its jurisdiction, may initiate criminal prosecution or adhere to the prosecution already initiated by the Public Prosecutor's Office.

The same right may be exercised by any citizen or association of citizens against public officials or public employees who have directly violated human rights in the exercise of their function, or on the occasion thereof, or in the case of crimes committed by public officials who abuse their office.

State organs may only file a criminal complaint through the Public Prosecutor's Office. Autonomous entities with legal personality and the tax administration in matters within its jurisdiction are excepted.

The complainant may always collaborate and assist the prosecutor in the investigation of the facts. For that purpose, when he considers it appropriate, he may request the taking and receipt of anticipated evidence as well as any other measure provided for in this Code. He shall make his requests verbally or by simple official letter addressed to the prosecutor, who must consider them and act accordingly.

If the complainant disagrees with the prosecutor's decision, he may resort to the First Instance Judge of the jurisdiction, who shall set a hearing within the following twenty-four hours to consider the facts and shall hear the reasons of both the complainant and the prosecutor and shall immediately decide on the investigative steps to be taken. If he deems it appropriate, the judge shall refer to the Prosecutor General matters relating to changes of the prosecutor in the proceedings.

This Code designates as aggrieved party:

*1. Victim.

Victims shall be understood to mean persons who, individually or collectively, have suffered damage, including physical or mental injuries, emotional suffering, financial loss or substantial impairment of their fundamental rights, as a consequence of actions or omissions that violate the criminal legislation in force. Also included, where applicable, are the spouse, the immediate family members or dependents of the direct victim and/or the person cohabiting with her at the time of the commission of the crime, and persons who have suffered damage in intervening to assist the victim in danger or to prevent victimization.

*2.

The spouse, the parents and the children of the victim, and the person cohabiting with her at the time of the commission of the crime;

3.The representatives of a company for crimes committed against it and the partners with respect to those committed by those who direct, administer or control it; and,

4.Associations in crimes affecting collective or diffuse interests, provided that the purpose of the association is directly linked to such interests.

The aggrieved party, even when he/she has not been constituted as an adhesive complainant in accordance with this Code, has the right to:

a.Be informed of the rights afforded to him/her in the criminal procedure.

b.Receive medical, psycho-social, or any other assistance aimed at reducing the consequences of the criminal act.

c.Have the Public Prosecutor's Office hear his/her opinion in the procedure, principally before final decisions or provisional decisions entailing closure or extinction of the criminal prosecution.

d.Be informed; suitably and in a timely manner, of prosecutorial and judicial decisions, and be invited to hearings in which his/her opinion may be expressed.

e.Receive compensation and/or reparation for the damage suffered.

f.Receive protection when his/her physical integrity is at risk, as a consequence of the criminal prosecution against the accused.

g.To have mechanisms in place that reduce the risks of secondary victimization during the criminal proceedings.

The Public Prosecutor's Office shall be obliged to guarantee these rights through its corresponding bodies, and for such purpose may enter into agreements with public or private institutions.

The request to act as adhesive complainant shall always be made before the Public Prosecutor's Office requests the opening to trial or the dismissal of proceedings during the hearing scheduled for that purpose. Once this opportunity has expired, the judge shall reject it without further proceedings.

The complainant by adhesion shall intervene only in the phases of the proceedings up to judgment, as provided by this Code. The complainant by adhesion shall be excluded from the procedure for penal execution.

The judge who controls the investigation shall grant provisional intervention to the complainant who requests it, or shall reject it if he finds it not in accordance with the law, notifying the Public Prosecutor's Office thereof, so that it grants him the corresponding intervention.

Any of the parties may oppose the admission of the complainant, by raising the corresponding defenses before the judge during the preparatory procedure and in the intermediate procedure.

The admission or rejection shall be final when there is no opposition or the request is not renewed during the intermediate procedure.

When, pursuant to the law, prosecution is private, the person who holds the right to exercise the action shall act as complainant.

Whoever intends to be constituted as a private complainant and is domiciled abroad shall, at the request of the accused person, post sufficient security to answer for the costs caused to the adverse party, the amount and time limit of which shall be fixed judicially.