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Questions and Answers
What is the principle that governs international judicial cooperation?
What is the principle that governs international judicial cooperation?
What is the time limit for the State to present the extradition request?
What is the time limit for the State to present the extradition request?
What is the purpose of the monitored delivery?
What is the purpose of the monitored delivery?
What is the time limit for the execution of the transfer of a sentenced person?
What is the time limit for the execution of the transfer of a sentenced person?
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What is the authority responsible for authorizing the monitored delivery?
What is the authority responsible for authorizing the monitored delivery?
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What is the time limit for the competent authority to conduct foreign investigations?
What is the time limit for the competent authority to conduct foreign investigations?
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What is the maximum number of days for which the deliberation can be extended in complex cases?
What is the maximum number of days for which the deliberation can be extended in complex cases?
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What is the term for the appeal process in which the prosecution can appeal a sentence?
What is the term for the appeal process in which the prosecution can appeal a sentence?
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What is the purpose of the proceso inmediato?
What is the purpose of the proceso inmediato?
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Who can initiate the proceso de seguridad?
Who can initiate the proceso de seguridad?
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What is the nature of the proceso por delito de ejercicio privado de la acción penal?
What is the nature of the proceso por delito de ejercicio privado de la acción penal?
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What is the condition for the proceso por colaboración eficaz?
What is the condition for the proceso por colaboración eficaz?
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What is the role of the MP in the ejecución de la sentencia?
What is the role of the MP in the ejecución de la sentencia?
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Who resolves incidents in the proceso?
Who resolves incidents in the proceso?
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Study Notes
Deliberation
- Cannot be extended by more than 2 days and suspended for more than 3 days
- Complex cases are extended by double the time
- Sentencing: Absolutive and condemnatory
Impugnation
- Means of impugnation: Appeal, Cassation, and Review
- Timeframes for each:
- Appeal: 3 days in autos and 5 days in sentence
- Cassation: 10 days (extraordinary, not often used)
- Review: No deadlines, only in favor of the condemned, fiscal, or accused
Immediate Process
- Initiated by the prosecutor
- Flagrance confession of the crime
- Goes to oral trial
Process due to Public Function
- 5 years after public function ended
- Applies to high-ranking public officials
- Investigated by the Public Prosecutor's Office and Supreme Court
Security Process
- Assesses psychological evaluation
- No intervention by the Public Prosecutor's Office
- Request: 5 days
- Legal agreement within 48 hours
Effective Collaboration
- Promoted by the prosecutor
- Collaborators: accused, investigated, and non-investigated
- Conditions: no intentional crime within 10 years
Process for Minor Offenses
- Handled by the Justice of the Peace
- Penalty: fines or community service
- Conciliation within 3 days
- Execution of the sentence: controlled by the Public Prosecutor's Office
International Judicial Cooperation
- Principle of reciprocity applies
- Central Authority: Public Prosecutor's Office of the Nation
- Passive extradition: when the accused is in national territory
- Active extradition: when the requested crime has a 2-year sentence
International Judicial Assistance
- Applies to minor crimes less than one year
- Safe-conduct ceases: voluntarily within 15 days
- No detention or trial of persons in foreign authority
External Diligence
- Competent authority: Superior Fiscal Prosecutor or Higher Criminal Court
- Deadline for diligence: 5 days
Sentence Compliance
- Sentences served in the country of origin
- Active transport: Executive Power through Supreme Resolution
- Request: 6 months
- Execution of transport: INPE
- Monitored delivery under surveillance
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Description
Quiz about the procedural deadlines and appeal resources in criminal law, including deliberation, sentencing, and different types of appeals.
