Legal Terms & Procedures: A Comprehensive Guide

Posted on Oct 31, 2024 in Law & Jurisprudence

Legal Terms and Procedures

Definitions

(124) Term: The timeframe for the judge’s decision regarding incident repair damage due to a third party, in both criminal and sentencing proceedings.

(703) Term: Time given to the defendant to respond to a demand for damage repair due to a third party. Duration: 3 days.

(425) Term: Timeframe for the judge to hear parties when addressing a backlog of cases before issuing a decision. Duration: 2 days.

(703) Term: Timeframe for referring the necessary certification to the Honorable Superior Court of Justice once the use of DIAS apelación is urged. Status: Denied.

(801) Term: Timeframe for parties to file an appeal against a sentence. Duration: 58 ORAS Ordinario, 48 Trial.

(112) Term: Timeframe for parties to initiate an action of revocation. Duration: 24 ORAS.

(124) Term: Timeframe for the sentencing judge in a regular trial, from the subpoena to public viewing. Duration: 8 days.

(632) Term: Timeframe for relieving parties from providing evidence in a summary trial. Duration: 5 DIAS.

(141) Term: Timeframe for the statement that must be exhausted if the crime carries a sentence exceeding two years. Duration: 10 months.

(118) Term: Timeframe for offense instruction if the charge carries a sentence of less than two years. Duration: 3 months.

Multiple Choice Questions

  1. Maximum term for the prosecutor to present accusatory findings when the Public Ministry has not met the legal term due to a large file. A) 15 DAYS.
  2. Term for the Judge to decide on a warrant when the offense is not considered serious. A) 30 DAYS.
  3. Term for the court to rule on a warrant request (including filing time) when the offense is not considered serious. B) 35 DAYS.
  4. Timeframe for the judge to rule on a warrant request when the offense is considered serious. C) 72 HOURS.
  5. Residual probation term that the judge may authorize when proofs are insufficient. C) 10 DAYS.
  6. Term for the judge to resolve the legal status of an accused who requested the duplicity of the term for constitutional purposes. C) 144 HOURS.
  7. Term for the Public Ministry to detain a suspect involved in organized crime. C) 96 HOURS.
  8. Term for the judge to receive the initial statement of an accused. A) 48 HOURS.
  9. Resource to use against a ruling in a summary trial. C) None.
  10. Resource to use against a detention order in a summary trial. A) Appeal.

True/False Questions

  1. True – The incident of Repair of Damage Due to Third is addressed in both criminal and civil courts.
  2. True – The incident is brought before the Public Ministry.
  3. True – The shooting competition is preliminary and special, nullifying actions if the court is declared incompetent.
  4. False – Revocation can be processed against appellate court decisions.
  5. False – Replenishment is an action brought against Court of First Instance decisions. True – … (Incomplete statement)
  6. True – A sentence by the Criminal Chamber of the Superior Court of Justice is appealable for review.
  7. True – The judge, once an appeal is admitted, has three days to refer records to the Superior Court.
  8. False – Evidence is not allowed on appeal; it must be offered in the first instance.
  9. True – Appellants have ten days in the second instance to formulate grievances.
  10. True – All challenges must be for cause and proposed to the presiding judge or court.

Open-Ended Questions

1. Cases for Release Under Protest

  1. When an appeal is filed without an enforceable cause for release.
  2. When there is no enforceable cause after an appeal and the final ruling acquits the accused or the penalty is considered served.
  3. When the process reaches the penalty imposed in the first instance, pending appeal.

2. Procedure for Multiple Individuals in Repair of Damage Due to Third

When multiple individuals seek to derive action, one is appointed to represent them all, unless their rights are mutually exclusive.

3. Appeal Procedure in Special Review of Sentence

Upon application submission, the Tribunal requests the trial record. Once received, and if the applicant protested evidence disclosure, a prudent timeframe is granted for ventilation. Afterward, the prosecutor, defendant, and counsel are summoned for a hearing within eight days. The hearing follows established procedures. Within six days of the hearing’s conclusion, the full Court issues a resolution.

4. Purpose of Incident Accumulation and Accused’s Benefit

Accumulation allows the same judge to hear and determine various processes against the same person for different or related offenses in a single sentence.

5. When is the Fading of Liberty Incident Applicable?

When:

  1. At any stage, after the remand order, data used to establish the crime is fully discredited.
  2. If, at any stage, with no further accountability details, data considered the most probable cause for arrest in the preventive detention order is fully discredited.