Police-Prosecution Communication and Suspect Rights

Posted on Feb 11, 2025 in Criminology

Communication Between Prosecution and Police

Submissions should be performed in the most expeditious manner. Communication can occur in the following situations:

  • Urgent cases: The judge will direct instructions orally by telephone or equivalent means.
  • Non-urgent cases: Instructions can be given orally, by fax, email, or other means.

What Happens if Police Officers Are Prevented From Performing a Prosecutor’s Mandate?

  1. Contact the prosecutor and their superiors.
  2. Report the reason for not being able to fulfill the order, so that the issuer can change or reaffirm it.

Cases in Which Police Act Without Prior Authorization

  • When Rendering Assistance to the Victim: Provide full media access and facilities so the person can verify their complaint and document injuries.
  • Sex Offenses: Prioritize reservation and care for the victim.
  • Crimes Involving Injury: Conduct a medical examination to demonstrate the facts.
  • Abandoning Home
  • Event Site Reservation: (Born with the reform)
    1. Collection of evidence
    2. The obligation to guard the site of the event until specialized staff arrive to collect the evidence.
  • Collect evidence related to flagrant crimes.
  • The destination of the species (the chain of custody) shall be recorded continuously for all those who have accessed objects and specimens collected.
  • The registration of witnesses called must identify witnesses and record voluntary statements.
  • Reception of public complaints. All staff must receive complaints that any person makes or submits, regardless of the place or medium.
  • Identity checks (if established).
  • Calling for examination of clothing, luggage, or vehicles. Applies to arrest where there are indications that the person is hiding important objects for research.
  • Survey of a corpse.
  • Entry and Registration (search).

The police are obliged to inform the prosecutor’s office but are prohibited from reporting on social media the identity of persons associated with a crime.

The Accused: Rights and Protections

The accused is an important player and the counterpart of the victim.

Due to their condition, they are entitled to a defense, to life, and the right to safeguard their physical integrity. Only the right to freedom is lost. Every defendant is entitled to enforce the rights and guarantees provided in the special law until the completion of the process. They shall be entitled to:

  • Be informed specifically and clearly of the facts they are impeached with and their rights under the constitution and laws (must have knowledge of everything that takes place).
  • The right to be assisted by a lawyer from the initial acts of research. (The state provides a lawyer if you do not have one).
  • Previous Issues: Prosecutors to seek measures of research to disprove the allegations, if any.
  • The right to apply directly for the judge to cite a hearing, which may appeal to your lawyer or not, in order to testify about the facts or subject matter of the investigation.
  • The right to request dismissal of the case and appeal against a decision that rejected it.
  • The right to remain silent or, in cases where they consent to testify under oath, not to do so.