In cases where it is foreseeable The application of suspension conditional of penalty’s most emblematic landmarks, the ministry public, ex officio and request de part, you can ask the judge for the suspension conditional of the proceedings at any time prior to the order of the opening of judgement.
The judge may order the suspension conditional of the proceedings when the accused has declared his agreement with the suspension, has admitted the acts attributed to him and has repaired the damages caused in occasion of infringement, signed an agreement with the victim o borrowed Warranty enough to comply with the legal obligation.
If the conditions set forth in this document are not met, Article, the judge rejects the request, but the admission of the acts by part of the accused lacks value evidentiary and no mention can be made of this circumstance at any later time.
La Suspension Conditional of the Procedure does not apply crafts open and indiscriminate. The Suspension Conditional of the Procedure It is only possible in minor infractions, specifically those that entail a penalty deprived of freedom same or less to five years, and only defendants who have not been previously convicted can benefit from it. These two conditions are what the article 40 when it provides that the Suspension Conditional of the Procedure It is only applicable in cases where it is foreseeable The application of suspension conditional of penalty regulated by the article 341.
In addition, other special conditions must be met:
a) That the accused agrees with the application of this proceedings;
b) That has admitted the acts put to his cargo;
c) That the damages caused by the done punishable y
d) The company of an agreement with the victim o borrowed Warranty enough.
Of all these conditions it has been considered inappropriate haber including the necesidad that the accused must admit the acts because it is considered that in the practice This becomes an obstacle to the company of the agreement. It should be noted in this regard that the Code Procedural Criminal law specifies that this admission by part of the accused "lacks value evidentiary and no mention may be made of this circumstance at any later time” (art. 40), either because the judge rejects the request or because the request is revoked Suspension Conditional of the Procedure.
El Ministry Public, ex officio or at the request of part is the one who can propose the Suspension Conditional of the Procedure, in the preparatory phase, being one of the forms of the conclusive acts of said phase.
This type alternative measure serves several purposes:
1) A more suitable one solution al conflict penal. Two issues support this: The reparación that should be done to the victim of the hurt caused by done punishable, allows for more immediate satisfaction, without all the hassle of celebrating. The hearing preliminary, trial, appeal.
2) Contributes to the resocialization of the accused through the measures that must be taken comply during Plazo de experiment. This point is very important because precisely the Suspension Conditional of the Procedure may be suspended if the accused:
a) Does not comply with the conditions imposed;
b) If you commit a new one infringement o
c) If you fail to comply with the agreements reparaciónIt is appropriate to add that the fulfillment of the Plazo de experiment has for effect la extinction of action penal (art. 44.7), and its revocation, the resumption of proceedings (art. 42).
3) The application of the Suspension Conditional of the Procedure contributes to the decongestion of the administration de Justice and the work prison.
All these purposes that the Suspension Conditional of the Procedure corresponds to the application of the principles of proportionality and rationality of the response of the State Front of infringement, in addition to being a reflection of important trends present in the right penal relating to the Justice retributive and that highlight the role in and the interests of the victims in the proceedings.
The last question that you raise, that the Suspension Conditional of the Procedure may benefit the social sectors that are better positioned economically, it is not a responsibility of law procedural, but that may reflect two issues: An inadequate application by part of the operators of the The ability to Judicial, and the done It is true that we live in a society biased by a deep social inequality that translates into an unequal distribution of opportunities. For this reason we cannot seek the Justice generalizing injustice.
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