Nicaraguan Criminal Procedure Code: Scope, Actions, and Due Process
Code of Criminal Procedures
End of Scope and Criminal Procedure
Article 1. Scope of the Criminal Process
The purpose of criminal proceedings is: I. Solving criminal claims. II. Resolving applications for compensation.
Article 2. End of the Criminal Process
Achieve, based on the proof of claims, the action of exceptions or defenses, and due process, the declaration or ruling that there was no crime, and where appropriate, sentencing and its legal consequences.
Criminal Action
Article 3. Scope of the Criminal Action
Cause the jurisdiction to which the sentence was concrete criminal law.
Article 4. Holder of the Criminal Action
The Public Ministry is competent to prosecute crimes.
Article 5. Powers and Duties of the Public Prosecutor for Preparing the Criminal Action
It is up to prosecutors to investigate the facts brought to their attention that may constitute a crime and, where appropriate, to prepare the prosecution during the preliminary investigation.
Article 6. Powers and Duties of the Public Prosecutor in Pursuit of Criminal Action
If, in relation to a particular fact, we prove the corpus delicti: I. Initiate the process and make accusations for granted, given that the law classifies it as a crime. II. Order appearance/arrest warrants. III. Ask for insurance. IV. Damage repair order and precautionary measures. V. Submit embargo or request the submission of proof. VI. Order sanctions. VII. Regulate order process step. VIII. Provide other law.
Article 7. Withdrawal of the Instance
Once the Attorney General initiates prosecution, they become a party to the proceedings. The process is suspended when the arrest warrant or summons is denied, or a release order is issued, subject to the process. However, the prosecution may offer evidence to the judge and, at that time, request an arrest warrant or summons again. The evidence shall be served personally to those charged only when an order of freedom is issued due to insufficient data to proceed or because it fades.
Parties to the Criminal Procedure
Article 33. The Public Prosecutor as a Party
Article 45. Who are Offended or Victims
Article 51. Defendant’s Defenders
Article 57. Capacity, Protest, and Duration of Office of Ombudsman
The defender of the accused must be a lawyer or a trusted person with knowledge of criminal law and criminal procedure, sufficient to provide an adequate defense. They cannot leave the defense until the judge admits their resignation or revocation. If, during the preliminary investigation, the ombudsman is not revoked or waived, it will be extended until the first instance, except in the case of the defender. The revocation shall only be decided at the express request of the accused or for other legal cause.
Hearings
Article 156. Public Hearings
Court hearings are public, under penalty of nullity, except when the judge deems it necessary to hold them privately.
Article 157. Intervention of the Parties and the Ombudsman
At the hearings, the accused can defend themselves or through their counsel. However, self-representation does not exclude the intervention of the defender.
Article 158. Compulsory Attendance of the Parties
The main, additional, and final hearings will take place with the necessary presence of the parties.
Article 159. Absence of the Ombudsman
If the defender misses the hearing or is absent without the express permission of the accused, they shall be fined, and if present, another defender shall be appointed.
Article 160. Communication During the Hearings
Article 161. Violation of Rules of Communication During the Hearings
Article 162. Disorderly Conduct by the Accused
If the accused disrupts order or injures any person, they shall be warned that if they persist in their attitude, they waive their right to be present.
Article 163. Alteration of the Order by the Ombudsman
If the defender disrupts the order, they shall be warned.
Article 164. Faults of the Agent of the Public Prosecutor
When the prosecutor commits a fault during the hearing, they shall be fined.
Article 165. Public Conduct
All who attend the hearing, including the public, should observe order, remain quiet, and refrain from participating without authorization from the judge.
Article 166. Public Use of Force
If order is not restored by the means indicated in the previous articles, the court may order the police to evict the offender.
Article 167. Public Control of Force
The presiding hearing officer shall have command of the security forces.
Judgments
Article 168. Classification
Judgments are decrees if they relate to simple procedural determinations.
Article 169. Form of Resolutions
Any judicial decision shall be made in writing and specify the place and date of delivery.
Article 170. Contents of the Car
Cars contain a brief statement addressing the point or motive that originates it.
Article 171. Contents of Autos to Resolve on the Status, Adjudicate and Sentence
I. Court which delivered II. Name of the accused III. Summary of certain events that are subject to the indictment IV. Statement of the test or failure of it V. Main resolution. The statement is applicable if it is: 1) The conviction or acquittal as appropriate. 2) The determination on compensation. 3) The application of leading sanctions.
Article 172. Statement Regarding False Documents
Shall be declared in the rescission of the decision.
Article 173. Resolutions Time to Make Submissions
Decrees will be issued the day after the time of the promotion. Cars within three days, except as provided by law for special cases. Sentences within fifteen days after the final hearing, but if the file exceeds two hundred folios, it is increased by one day for every fifty of excess.
Article 174. Release of the Accused
The accused will be immediately freed when the time of arrest and detention equals the maximum set by law for the crime for which the procedure is initiated.
Article 175. What Decisions Cannot Change
Judges may not change their decisions after the first notification.
Annulments
Article 178. Nullity and Void
I. Lack of criminal action II. Lack of origin III. Lack of competition IV. Act without authorization V. Lack of signature VI. Deadline for final hearing without the allegations or findings of the defense
Article 179. When Can Null and Void Be Raised
The judge, the parties, and the defense may assert nullity and void in any state and degree of the process.
Article 180. Resolution for Any Null and Void
The judge will issue the appropriate decision in accordance with the provisions of this Code.
Article 181. Revocation by Incompetence in Criminal Matters
Article 182. Statement Null and Void
The court ruling to exclude the effectiveness of procedural acts by null and void can be invoked automatically or on request, at any stage and grade of the process.
Article 185. Concerning Revocation
. I. EVENTS AFTER EXCUSE. II. LACK OF accused or their counsel in certain proceedings III. PUBLIC HEARINGS NO. ARTICLE 186. INCIDENT ON null and void.The parties and counsel may request a declaration of invalidity of an act from the date of the action, until the three days of when notified in a subsequent legal resolution. ARTICLE 188. WHO CAN NOT ORDER ON THE REVOCATION. May not seek a declaration of invalidity on who gave rise to it. CONCEPT initial investigation of the preliminary investigation VALIDITY OF ARTICLE 190 .- Measures of the preliminary investigation.
ARTICLE 191 .- ASSESSMENT OF THE EVIDENCE MADE IN investigation. ARTICLE 193 .- FORGIVENESS IN THE OFFENDED BY CRIMES COMPLAINT only pursue. Indicted ASSURANCE OF ARTICLE 223. SERIOUS CRIMES. I. – Terrorism II. Sabotage. III. Embezzlement IV. Fraudulent evasion of prisoners. V. Conspiracy to commit an offense and a member of it. VI. Gang. VII. Fire or other damage, they are intentional. (REFORMED, PO 25 NOVEMBER 2005) VIII. The corruption of minors and incompetent or incapable child pornography, distribution or public exhibition of child pornography or incompetent IX. Pimping and human trafficking if it affects children under 16 years of age. X. Abduction and trafficking of children, except in the case of the father or mother in the first case. XI. Voluntary manslaughter, simple or qualified XII. XIII very serious grievous bodily harm. Murder by reason of kinship or other relationships. XIV. Homicide against people based on their activity within journalism. XV. Kidnapping; XVI. Assault in a deserted or tumultuous. XVII. Rape, XIX. Robo consummated or attempted XX. Livestock rustling EXERCISE OF THE CRIMINAL ACTION ARTICLE 272. GENERAL BUDGET criminal action. the prosecution must prove the corpus delicti and gather sufficient data to make the probable guilt of the accused criminal. ARTICLE 273 .- GENERAL RULE FOR CREDITS IN THE BODY OF CRIME AND THE PROBABLE LIABILITY The prosecutors and their assistants are authorized to use all means of research and testing they deem conducive ARTICLE 274. CHECKING THE BODY OF CRIME AND THE PROBABLE RISK. The judicial process will check the level necessary to bring criminal action if this code indicates. To verify this: I. BODY OF CRIME. II. PROBABLE RISK. ARTICLE 275 .- EXERCISE OF THE CRIMINAL ACTION. (INS detainee). When no person arrested, prosecutors asked further arrest warrant or summons, as appropriate. ARTICLE 276 .- EXERCISE OF THE CRIMINAL ACTION. (With detainees). When detained person, the public prosecutor to avoid exceeding the detention periods allowed by Article 16 of the Constitution. ARTICLE 285 CRIMINAL DUE PROCESS. CRIMINAL DUE PROCESS WHEN. Criminal proceedings will be due, if the following conditions: 1) Upon the exercise of penal action be brought before a competent judge. 2) With regard to the accused that are found in the essential formalities of procedure. CHAPTER II PROCEEDINGS Article 286. Procedural instances. Criminal due process could be developed in two instances. The first instance begins with the auto start and ends when the date for appeal. It comprises the following steps: 1) Preinstrucción. 2) Phase probation. 3) Judgement. ARTICLE 288. TIME TO COMPLETE THE PROCESS. The first and second instance must be completed as soon as possible. In the first instance judge the defendant within four months if the offense carries a maximum penalty of two years or less, and within a year if it exceeds this time, unless the defendant requests more time to his defense. DURING PERIODS OF PREINSTRUCCIÓN PREINSTRUCCIÓN ARTICLE 295.PREINSTRUCCIÓN. The preinstrucción begins with self start and ends with resolving the legal status of the accused. May include the following periods: 1) a warrant or summons. 2) Constitutional Period. AUTO START ARTICLE 296. START AUTO PROCESS I. IDENTIFICATION OF PROCESS. II.II. NOTICE TO THE SUPERIORITY. III. COMPETITION AND OTHER LIMITS IV. ASSURANCE OF OBJECTS. V. APPROPRIATION WITH OR WITHOUT ARREST. PERIOD OF APPEARANCE arrest warrant or Article 297. APPROPRIATION WITHOUT ARREST. When the Public Prosecutor to initiate criminal action or seek an arrest warrant hearing, the judge shall decide on the request for the order: 1) Within three days of the entry, whether or not working, whether it is felony and requested by the Attorney General. 2) In other cases, within ten days of the auto start. The auto start is made within five days of the entry. ARTICLE 298. BUDGETS AND REQUIREMENTS FOR RELEASE arrest warrant or APPEARANCE. I. BUDGET YEAR OF THE CRIMINAL ACTION. That the request of the Attorney General, after exercise of the prosecution. II. BUDGET OF INDICTMENT DETERMINED. Preceding claim or suit and, case, charge-specific event that integrates the elements of crimes of a crime as established in Articles 34 or 35. III. COMPETENT AUTHORITY BUDGET. IV. REQUIREMENT OF ACCREDITATION BODY OF CRIME V. REQUIREMENT OF POSSIBLE CRIMINAL LIABILITY. CONSTITUTIONAL PERIOD ARTICLE 304. APPROPRIATION TO ARREST OR APPEARANCE of the accused. If the accused is detained at the start of criminal proceedings, the judge shall immediately issue an order for startup as follows: I. IMMEDIATE FILING. II. REVIEW OF THE LEGALITY OF THE ARREST. III.FIJACIÓN DECLARATION OF TIME FOR THE PREPARATORY. except in the case of subpoena. ARTICLE 306. FORMALITIES BEFORE TAKING THE PREPARATORY STATEMENT. The initial statement to start letting you know the accused person has the right to defend himself, by counsel, or by someone you trust who can provide adequate defense. He warned further that if appointed counsel, the court will appoint the ex officio. ARTICLE 307. DATA FOR THE RECORD OF THE PREPARATORY STATEMENT. In addition to what I. GENERAL. The full name, nickname, age and marital status, schooling, profession or occupation, place of birth and address of the accused. These earlier data with relation to his parents, brothers or sisters, children and people who are financially dependent on him. II. INCOME. The daily income of the declarant, if you have capital assets and what they are. III. Previous processes. If he was tried before, when, why, authority and if the sentencing. In your case, if served the sentence imposed on him. ARTICLE 308. Declaration on the offense. When the accused wishes to testify about the facts, the judge may question him on all points that are deemed relevant to know or clarify. ARTICLE 309. STATEMENT BY THE PUBLIC PROSECUTOR AND DEFENSE. The prosecutor and the defense have the right to question the accused. ARTICLE 310. READING OF THE DECLARATION OF accused. ARTICLE 311. MENTAL DISORDER of the accused. ARTICLE 312. TERM AND REQUIREMENTS FOR DICTA detention order. The detention order shall be rendered within seventy-two hours, counting from the time the defendant was a judge, where the conditions following: I. COMPLIANCE ASSURANCE PRIOR HEARING. II. Not proven exclusionary CAUSE CRIME OR CRIMINAL ACTION extinct. III. BODY CHECK CRIME ARTICLE 313.EXTENSION OF TIME TO RESOLVE THE LEGAL STATUS. ARTICLE 314. CAR SUBJECT TO PROCESS. Car will be issued subject to the process when the crime is not punished with imprisonment or the code assigned by the benefit of alternative penalty procedure ARTICLE 315. Classification of the offense. ARTICLE 316. And detention order to the process. The process will continue to be bound by the criminal act or acts specified by the order of imprisonment or subject to a process that is secure. If during the process are crimes other than those that motivate the detention order or subject to process, prosecutors initiate criminal action separately, without prejudice to order the backlog of cases when appropriate. But if this is followed data that reveal other elements of the alternative criminal offense, or that complement or exacerbate its penalty, or if the prosecution failed to include these in your accusation, will proceed in accordance with Articles 41 and 469. ARTICLE 318. NOTICE OF ORDER OF FORMAL PRISON OR SUBJECT TO PROCESS. Once detention order issued by the office are immediately reported the prison where it is processed. ARTICLE 319. FREEDOM CAR OR SUBJECT TO NO-PROCESS, DUE TO LACK OF ITEMS FOR PROCESSING. If you do not qualify to issue warrant of detention or subject to process, issue an order of freedom or non-subject to prosecution for lack of evidence to prosecute and suspend the process. ARTICLE 320. Indicted OBLIGATIONS SUBJECT TO PROCESS. The obligations of the defendant to which he decides to order the subject to process: 1) Report to the judge to know all the times that you cite. 2) communicate to that change of address. 3) report periodically to the court of first instance. The judge shall determine the frequency. 4) Be subject to measures of attachment that the judge deems relevant set you PHASE PHASE OF PROBATION AND TRIAL are allowed the evidence to be offered, provided that: 1) are conducive to criminal or claim for damages, or defenses or exceptions oppose them. 2) Do not be unlawful. 3) offer within the time granted by law. Only the facts are being tested. May not be evidence-against moral right against notoriously inconclusive; on facts impossible. In admitting the evidence the judge will determine the order for relief. Initiated by the Public Ministry and then with the accused, the defense and offense. But by grouping them according to their nature. To receive preference in the following order: 1 – confession or statement of the accused 2 – testimonials, 3 – 4 confrontations – confrontations 5 – 6 expert documentary – 7 – 8 judicial inspections – reconstructions of events. I. TERM FOR TRIALS .- 20 days OFFER common. II. MAIN HEARING. no later than five days nor more than fifteen, following the order of admission. III. ADDITIONAL TERMS TO PROVIDE ADDITIONAL EVIDENCE AND HEARING. 5 days. The additional hearing will be held no sooner than five days nor more than ten, following the order of admission. CONFESSION own statements by facts constituting the offense of a crime. For the confession of the accused to be valid, must attend the following conditions: 1) Surrender to the Judge during the process. 2) surrender with the assistance of counsel for the defendant;. 3) submit with prior knowledge of the fact that is attributed and the warning that what you say may be used against him. 4) That the shed voluntarily, without coercion or isolation, and in full possession of his mental faculties. Witnesses Everyone has the obligation to testify when requested, except the cases determined by law.They will have an excuse to declare: 1) to be bound by professional secrecy. 2) they have with the defendant: a) reasons of affection for intimacy, close friendship or gratitude. b) Relationship by consanguinity, or affinity in a straight line up or down without limitation of levels on the side until the fourth grade. 3) The spouse or adopted adopter, guardian, conservator or ward of the accused. CARBO CONFRONTATION INSPECTION EXPERTS RECONSTRUCTION OF FACTS DOCUMENTARY To demonstrate the authenticity or falsity, it may request a comparison with the letters or signatures of the following: I. Check with Deed. II. Check with RECOGNIZED PRIVATE DOCUMENTS. III. Check with signed documents. IV. Check with appropriate documents. JUDGEMENT OF ARTICLE 486. JURISDICTION LIMITS accusatory. At sentencing, the judge could only consider questions of fact and law raised in the indictment. ARTICLE 487. Conviction and acquittal. ARTICLE 489. Arrest and detention. In any sentence containing a term of imprisonment, you must compute the time the accused was detained, ARTICLE 498. Enforceable by judicial declaration. The cause of first instance judgments enforceable by judicial declaration: I. EXPRESS CONSENT OF THE PARTIES II. APPEAL NO. III. WITHDRAWAL OF APPEAL. V. APPEAL NO MATTER. When the action is held without matter. ARTICLE SUMMARY CHAPTER IV ROUTE 500. ORIGIN OF THE ROUTE Sumari. The summary route will be substantiated when all the crimes for which is alleged to have maximum penalty of six years’ imprisonment or less, not including mitigation, and none is serious. SECTION FIRST PHASE IN THE ROUTE SUMMARY PROBATION ARTICLE 501. PHASE CONTROLLED SUMMARY PROBATION IN THE WAY. On the way summary the evidentiary phase is regulated as in the ordinary way, with the following qualifications: I. TERM TO OFFER PROOF. The term to provide evidence of twenty days is common. II. MAIN HEARING. The main hearing will take place no sooner than five days nor more than fifteen, following the order of admission. III. ADDITIONAL TERMS TO PROVIDE ADDITIONAL EVIDENCE AND HEARING. The term to provide additional evidence to the hearing shall be five days. The additional hearing will be held no sooner than five days nor more than ten, following the order of admission. Remedies ARTICLE 523. TORT substitutions. Only grievances will supply an omission or failure, when the accused or his counsel to appeal the following resolutions: 1) Auto formal arrest. 2) Vehicles that meet caucional freedom and / or its amount, 3) Cars that refuse to dismiss. 4) Judgement. Recourse of disagreement (REFURBISHED, PO 16 MAY 2008) Article 529 .- appeal for amendment. They are open to challenge decisions through the use of disagreement, the determinations of Public Prosecutions to decide definitively the non-exercise of penal action. GRIEVANCE APPEAL OF ARTICLE 542. Appeal for Redress. ARTICLE 544. TIME filing complaints. The complaint appeal shall be filed at any time from when the situation occurs that motivates him, but only if it exists or not is still without matter. But when brought against a judge’s order to send home to clarify motion is filed within ten days of notification. REVOCATION APPEAL OF ARTICLE 548. WHAT IS AGAINST RESOLUTIONS may seek the revocation. The revocation action may be brought in the first instance against appealable orders and proceed against them without any further appeal that the code says. ARTICLE 549. To appeal TIME OF WITHDRAWAL AND PROCESSING. The appeal of revocation shall be filed in the act of notification or within three days following it.In an appeal for revocation shall state the grievances. APPEAL ARTICLE 550. PURPOSE OF APPEAL. The appeal is primarily intended for the court unit or Board as appropriate, amend or withdraw the contested decision, based on the grievances that may be invoked against him, except in the cases excepted by law. Be revoked or amended the resolution to be appealed, if for no injuries from it. If they are inappropriate, be confirmed. (REFURBISHED, PO 31 OCTOBER 2006) Article 551. AUTHORITY TO THE APPEAL interposed, TIME TO EXPRESS IT AND TORT. The appeal shall be filed in the court which pronounced the decision being appealed, or to whom the notice if the same act. ARTICLE 552. EXTENSION OF TIME FOR APPEAL. When notifying the accused the court of first instance, you will know the time that the law gives to lodge the appeal, which shall be recorded. ARTICLE 576. CAUSES OF REPLACEMENT OF PROCEDURE I. WHEN YOU FAIL TO GIVE TO KNOW THE INDICTMENT. Failure to formulate fact-typical accusation of criminal given the way that this code says, or you do not know the accusation, its nature or the cause of it. II. LACK OF DEFENSE. III. LACK OF CARE transcends RESULT OF THE JUDGEMENT against the accused person. IV. SECRETARY OR LACK OF WITNESS ASSISTANCE V. OMMISSION OF CITATIONS. VI. TEST FAILURE. VII. REJECTION OF RESOURCES. APPEAL DENIED APPEAL OF ARTICLE 580. PROCEED IF THE REMEDY OF APPEAL DENIED. The remedy of appeal should be denied when not accept or reject the appeal by a quo, even because they are not considered part which he asserted. ARTICLE 581. FORM to bring the action. The appeal of denied appeal may be brought in writing within three days following the notification of the order that does not support the appeal or to dismiss it, yet it is not considered party to whom appeals. The appeal shall be accompanied grievances.