La action private is when that power o faculty is linked to a interest individuallyWhose holder is the sujeto of the action.
Crime private o crime de action private, in Law School procedural penal, a type de crime which, because it is not considered to be of such gravity that it affects the order public of the society, cannot be pursued ex officio by public authorities (i.e. police, judges or Ministry public), but the active intervention of the victim as a driving force of the action of the Justice , as a part at the proceedings judicial.
Characteristic:
Voluntary.- In the act to promote the action penal private takes precedence will of the holder. Waiver.- The action penal private is renounceable. Relative.- The action penal private is relative, since the administration de todo el proceedings penal and, above all, the capacity The power to execute the ius puniendi is in the hands of the State, the particular It therefore only has powers that fall within the control penal state.
Acts Pursuable:
They are only punishable by action private the acts the following punishable offenses:
1) Defamation and insult;
2) Violation de your property industrial, except for the /// of the trademarks that may be pursued by means of action private or by action public;
3) Violation to Act of Checks, except the /// de falsehood of checks, which must be pursued by action public to instance private
La action private is exercised with the accusation of the victim or on representative legal, as seen here el proceedings special provided for in this bar code penal.
El ministry public can, by means of opinion motivated, to dispense with the action public regarding one or more of the acts attributed, with respect to one or some of the accused, or limited to one or some of the possible legal qualifications, when: 1) It is a done that does not significantly affect the carefully legal protected or does not seriously compromise the interest public. It is considered that the interest public is seriously compromised when:
a) The maximum of the penalty taxable is greater than three years of deprivation of freedom; b) When it has been committed by a official public, in the exercise of the cargo or in occasion of this; and c) When it endangers the integrity of the family or public health.
2) The accused has suffered, as a direct consequence of the done, hurt serious physical or psychological harm, which makes the application of a penalty disproportionate penalty, or when in occasion of a infringement guilty, has suffered a hurt moral difficult to overcome;
3) to penalty which corresponds to the done or legal qualification of which persecution is ignored and is unimportant in consideration of a penalty already imposed, to which the remaining ones correspond acts or pending grades, or which would be imposed in a proceedings processed in the extranjero.
The application of an opportunity criterion to dispense with the action penal may be ordered at any time prior to the order being issued opening of judgment. The ministry public must apply the criteria of opportunity and other discretionary powers based on objective, general and unbiased reasons. discrimination. In cases where a hurt, the ministry public must ensure that it is reasonably repaired.
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