Modes of initiation of criminal proceedings. The initiation of proceedings. The notitia criminis. The complaint is a system capable of moving the notitia criminis the courthouse. The complaint of an act with criminal appearance puts the judge in the need to teach, learn and investigate the veracity of the allegations. The complaint is an act of knowledge, ie the complainant makes known to the court or competent authority defined as events that constitute a crime, nor ask for anything nor is obligated to anything. The complaint does not include any request and less procedural. It is basically a civic duty that the law imposes on all who witness or have knowledge of the perpetration of a crime. The complaint does not require a special form, can be made on behalf of itself or third (if it has power to do so) and may be in writing or oral. Must be put in the Magistrate's Court or the Peace of the place is made or before the public prosecutor or before an officer of the Forces, State Security Corps.The police report Our law allows the judicial police to conduct what is called "preliminary investigation" which is an investigation, not judicial, police carried out when it comes to his knowledge the commission of acts that may be of criminal nature. Not a substitute for judicial review and that is incompatible with it. Performs the functions and has the nature of complaint.
The commencement parte: the lawsuit. It is a formal, written instrument of exercising power to accuse. It is therefore a formal accusation. The filing of the lawsuit is the way to start the ex parte process. Indictment as the charge is essentially a declaration of intent. It was made known to the court a series of criminal acts, not that he knows them and check, but to request the initiation of proceedings against someone who is formally accused of committing them.Must meet certain minimum conditions: 1) on some facts-like offense. 2) You must determine the person is accused, by providing the necessary data for identification. They must be easily identified both as plaintiff sued. 3) The complaint must contain the request for you to complete certain formalities trial investigation.