Edgard Raúl Leoni Moreno: Know the Meaning of the Term "Charged"



To say that a person has been charged does not, till a certain point, constitute a relevant fact as many have said. This is because when the judge charges someone in a penal process, he indicates the suspicious that the person might have committed a crime, or broken the rules or laws of a nation.

The certainty of the judge, regarding the participation of the person in the crime, and the severity of it, will determine the charges: presentation assisted by the lawyer, detention, provisional imprisonment, among other measures catalogued as more decisive.


Charging someone implies, in general terms, to consider the person as a suspect of participating in a punishable action. That is why he is allowed to defend himself from the beginning of the process. What is more, it must be taken into consideration the time, the place, and the how, as well as the legal dispositions applicable to the case.

Processing a person is an act that happens only after a sum of procedures of the crime punishable. It can take, at least, several years. The idea is to advance one-step at the time to be certain of his participation in it, and to have the expertise pointing the rational crime indicators against a person. The judicial consequence is formally charging the person for participating in a severe punishable act.

Then the person becomes an accused. Once the instructions finishes, the prosecutor presents the particular accusations, and defense papers, then the trial is open. Afterwards, the person becomes a convicted if the sentence is definitive, and it does not admit an appeal.


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