Legal Framework of Actions

From the
that
commission of
arise from
These are
the
the
crime
powers of the Ministry
all crimes are born: the Public:... Act in the name of
criminal action for the Status of the criminal action in the cases
research del in order to attempt it or to proceed with it
fact, your judgment there was no need for instance of
and the imposition of a part, except for the exceptions
penalty, and the civil action established by law.
for the repair of The criminal action corresponds to the
the damages and losses State through the Ministry
emergent. Public, who is obliged to
exercise it, except the exceptions
constitutional and legal
What is action?
penal?
It is a procedural act that and
it is generated by the violation
It comes from the Latin acto-
onios, which means whole
of a protected legal good activity or movement that
by the Penal Law. is directed towards a certain
end.

It is one of the ways

afford the state to
restore social peace
that was altered by the
commission of a crime.
Characteristics of the
UNIQUE: Because

criminal action OFFICIALITY: It is related

it is useful for
with idleness since it is to follow everything
both characters have a
io
same origin, the monopoly
from the state in the pursuit
of the crime.

PUBLIC: Because
pursues that the state
exercise the action
punitive action against him
lawbreaker.

IRREVOCABLE: once
process started only
concludes with the sentence
final convictions, except
in the application of the principle
of opportunity.

INDIVISIBLE: Because it serves

and chase the castle of
all those who in some way
how they have participated
OBLIGATORINESS: Because to him in the commission of the crime.
corresponds to the Ministry
I publish the exercise of the
criminal action when having
knowledge of the commission
of a crime.
Principles of action
penal
Equality among the
parts Art. 12 COPP

Defense is a right The judge who renders judgment mustThe debate should
inviolable and corresponds to witness uninterruptedly to culminate sine
The judges guarantee it. the debate and the incorporation of interruptions in the
discriminations you the tests. as soon as possible.
preference.

The trial will be oral and

only the ... are appreciated The trial is oral and
is carried out by The process has
embedded tests
public form. contradictory character.
in the audience.
Who exercises the
The criminal action is
PUBLIC
criminal action
exercise of two
forms:
PRIVATE

According to article 25 of the COPP,

Article 11 COPP: The criminal action
corresponds to the State through the indicates that, for crimes of
Public Ministry, which is obliged private instance will
to exercise it, except for the exceptions exercising criminal action:
constitutional and legal. The victim or her
legal representatives.
The Public Ministry
when the victim is a minor
of age or in question and not
have a legal representative.
Against whom is it exercised?
the criminal action?
The doctrine states that the action
penal, whether public or private, is
exercise against all people
involved in the commission of the crime, except
the exceptions established by law
Venezuelan penal code; said subjects
they are called defendants once they
criminal action is exercised.
Obstacles to the exercise of
criminal action
The Criminal Chamber of the TSJ states that: The dismissal decreed based on some
The exceptions provided for in Article 28 of the COPP do not terminate the trial nor impede its
continuation. This is a call for provisional dismissal, as the reasons for it
They can be remedied, and a new accusation can be attempted.
According to article 28 COPP during the preparatory phase before the court of first instance in
control functions and in opportunities provided for by law before the competent court
they may oppose through exceptions:
•Res judicata.
•New prosecution against the accused.
•Complaint, lawsuit, or accusation is based on facts that do not
1° Indicate that the
the action was have criminal character.
promoted •Legal prohibition of attempting the proposed action.
illegally •Non-compliance with the requirements of admissibility of the
it only happens in action.
the following •Lack of legitimacy or capacity of the victim to act
cases: the action.
•Lack of capacity of the accused.
•Statute of limitations in criminal action.
•Lack of formal requirements to attempt the accusation
as long as they cannot be corrected.
Obstacles to the exercise of the
criminal action
2° Existence of the preliminary question Art. 35 COPP

It refers to a controversy regarding marital status that has not been decided by a civil court and
he has a connection with the criminal case.

5th Allegation of extinction of the criminal action

In order to reach the conclusion that extinction or expiration has occurred

criminal action, it is necessary to previously declare the body of the crime proven.
Alternatives to Prosecution of
Process
Principle of opportunity Art. 38,
●
It constitutes an exception to the principle of procedural legality, as it allows
to the Prosecutor of the Public Ministry, to refrain from exercising criminal action,
39 and 40 COPP being a mechanism to channel the spontaneous selectivity of everything
criminal system, justifying the availability of criminal action.

●
The Organic Code of Criminal Procedure provides for the possibility that they may be held
reparatory agreements from the preparatory phase, between the accused and the victim,
Repair agreements
agreementsArticle
Article41
41COPP
COPP when the criminal act affects exclusively available legal rights of
heritage character or whether it concerns negligent crimes against individuals, that have not
caused his death or permanently and seriously affected his physical integrity.

●
It is a procedural instrument that halts the exercise of criminal action in favor of a subject.
Conditional suspension of charged with the commission of an offense, who submits, for a period of time, to a test
in which they must satisfactorily fulfill certain and determined obligations
process Art. 43 COPP legales e instrucciones que le imparta el tribunal para el caso concreto, a cuyo término, se
the criminal action is declared extinguished, without subsequent legal-penal consequences.
Extinction of
the action
penal
The Art.49 COPP

prescription

Compliance with the

obligations and of the
period of suspension
Death of
conditional of accused
process

Compliance
of the agreements Amnesty
reparatory

Application of Withdrawal
a criterion of the abandonment of
Maximum payment
opportunity of the fine with the the accusation
acceptance of the
facts