ARE YOU UNDER INVESTIGATION FOR A CRIME?
I WILL BRIEFLY EXPLAIN THE WAYS IN WHICH THE PUBLIC MINISTRY COULD TERMINATE THE INVESTIGATION.
If you are under investigation for a crime, the Public Ministry could terminate the investigation in one of the following ways:
The First
This is established in Article 253 of the National Code of Criminal Procedure.
- The authority to refrain from investigating. This means that when the Public Ministry receives a complaint or accusation that does not constitute a crime, this decision must be justified and motivated.
The Second
This is established in Article 254 of the National Code of Criminal Procedure.
- Temporary archiving. The Public Ministry may temporarily archive investigations when there are no further facts to clarify the situation.
The Third
This is established in Article 255 of the National Code of Criminal Procedure.
- No exercise of criminal action. The Public Ministry may decide not to pursue criminal action against a person if they do not consider that a crime has occurred in the case.
The Fourth
This is established in Article 256 of the National Code of Criminal Procedure.
- Criteria of Opportunity. The application of opportunity criteria will be applicable in any of the following situations:
I. It involves a crime that does not carry a custodial sentence and has a maximum penalty of five years in prison, as long as the crime was not committed with violence.
II. It involves property crimes committed without violence against individuals or negligent crimes, provided the accused was not under the influence of alcohol, narcotics, or any other substance with similar effects.
III. When the accused has suffered significant physical or psychological harm as a direct result of the crime, or when the accused has contracted a terminal illness that makes the imposition of a penalty clearly unnecessary or disproportionate.
IV. When the penalty or security measure that could be imposed for the crime is insignificant; this is, when a greater penalty has already been imposed for another crime, regardless of whether it is under federal or common jurisdiction.
V. When the accused provides essential and effective information for the prosecution of a more serious crime than the one charged and commits to appearing in court.
VI. When, due to the causes or circumstances surrounding the commission of the offense, criminal prosecution would be disproportionate or unreasonable.
The criteria of opportunity cannot be applied in cases of crimes against the free development of personality, domestic violence, tax crimes, or those that severely affect the public interest.
The application of the criteria of opportunity will extinguish criminal action.
If you have been accused or are under investigation for a crime, do not hesitate to contact me, Lic. Jorge Fernández, for legal advice and to review your case in order to resolve it.
