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Complaint:

The Complaint is a form of


Start of the process Complaint:
In the specific case of this

penal
initiation in the Criminal Complaint, it is made by
Process, it is attempted in the aggrieved party, the
writing before the control victim before any
court, it qualifies crimes, the competent official or any
complainant must identify official of the Public
and must say whether or not Ministry, in writing or
he has a link with the verbally.
complainant.
Art. 292 et seq. COPP Ex-officio investigation Art. 285 et seq. COPP
The Ex officio Investigation is found
in article 283 COPP from which the
role of the Public Ministry can be
noted.

Tax File
In the case of deciding to close the tax case, the Public
The Dismissal Ministry estimates that there are not enough elements
Dismissal (which comes from the Latin supercedere, to accuse, which does not make it impossible to
"desist from the claim you had") is a type of judicial reopen the investigation when new elements of
resolution issued by a judge or court, suspending a conviction appear. This archiving measure must be
process due to lack of causes that justify the action of notified to the victim who has intervened in the
justice. It is usually an institution of criminal procedural process, who may reopen the process by providing the
law. proceedings.
request relevant
Normally, the dismissal is issued by an order, which can
investigation. to
be appealed.
the judge of
produce a result, which will cause what is known as a Control that examines the foundations
Types of dismissal
conclusive act to be carried out. of the measure. If the Court considers
The dismissal can be definitive or temporary depending on
that the prosecutor should not have closed the case, thus
whether it ends the procedure or only suspends or That is, the conclusive act is the result of the investigation
finding the victim's request founded, it will notify the senior
paralyzes it for certain and specific legal causes. It can that the Public Ministry has carried out on someone, which
prosecutor to order that another prosecutor order the
also be total or partial depending on whether it refers to can be translated
all or any of the parts of the case .
in three forms: Fiscal File, Dismissal Lieanatcousac io n of b e y accusation.
Articles: From 300 to 307 COPP.
The Venezuelan Organic Code of Criminal Procedure 1. The data that allow uidlaecnitoifincar pdleenamelnate and uabciucsaarcaiól
establishes that once the investigation carried out by the n, imputed ayt e lnniéonmdobsr e ya dloomreiscuileiolt o preosrideel
Prosecutor of the Public Ministry has concluded, it must nTrciibaunal. of his defender or defenAsrot.ra2;9a7s,2í 9co8myo2l9o9s
CqOuePPp. permit the identification of the victim.
2. A clear, precise and detailed relationship of the punishable act attributed to
The accusation is the well-founded and formal request to open the trial formulated by the Prosecutor, in which the accused.
he specifies, from his position, the object of the trial, qualifies it legally and uses the relevant means of proof. 3. The grounds of the accusation, with expression of the elements of
Article 308 COPP. When the Public Ministry considers that the investigation provides serious grounds for the conviction that motivate it.
public prosecution of the accused, it will present the accusation before the control court. 4. The expression of the applicable legal precepts.
5. The offer of the evidence that will be presented at the trial, indicating its
relevance or need.

6. The request for prosecution of the accused. The address data that will harm
the victim and testinns will be recorded separately.

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