4. Sujeitos do Processo

Summary

This video script discusses the main and secondary subjects in a criminal process. It covers the roles of the judge, accuser, and accused, explaining the judge's jurisdictional power to analyze merits of the case. The accuser, usually the public prosecutor, represents the state's duty to punish, with the victim acting as an exception. The accused, typically a natural person with criminal responsibility, faces criminal sanctions. Additionally, the role of defense lawyers in ensuring broad defense is highlighted. The script also touches on secondary subjects like the assistant to the prosecution and their participation in the legal process.

Takeaways

• 😀 The criminal process involves three main subjects: the Judge, the Accuser, and the Accused.
• 😀 The Judge represents the state and holds jurisdictional power, analyzing the merits of the case, which primarily involves determining if a crime occurred and whether the accused committed it.
• 😀 The Accuser, usually the public prosecutor, represents the state's power and duty to punish, though the victim can also act as the accuser in private criminal actions.
• 😀 The Accused is the other party in the process, typically a natural person, though legal entities can be accused in specific cases like environmental or economic crimes.
• 😀 The concept of passive legitimacy means that only individuals who can be penalized (e.g., adults with mental capacity) can be accused of a crime.
• 😀 The Defender (lawyer) plays a crucial role in ensuring the broad defense principle and guarantees the accused's legal rights in the process.
• 😀 Legal representation is indispensable in the criminal process, ensuring that the principle of fair defense is upheld for the accused.
• 😀 Secondary subjects in the criminal process include the Assistant to the Prosecution, who supports the prosecutor and may be the victim or their legal representative.
• 😀 The Assistant to the Prosecution can intervene in public criminal actions but not in private ones, as the victim’s legal representative already fulfills this role.
• 😀 If the judge denies the Assistant to the Prosecution's involvement, a writ of mandamus can be filed to guarantee their participation in the case.
• 😀 The judge's role is to analyze the merits of the case, but they do not participate directly in the legal relationship between the accuser and accused.

Q & A

What are the main subjects in a criminal process?

The main subjects in a criminal process are the judge, the accuser, and the accused.

What is the primary function of the judge in a criminal process?

The judge’s primary function is to analyze the merits of the case, specifically whether a crime was committed and whether the accused is responsible for it. The judge is a representative of the state and has jurisdictional power.

Why is the judge not considered part of the process?

The judge is not considered part of the process because they do not have a direct stake in the outcome. They are responsible for ensuring fairness and analyzing the evidence provided by the parties.

Who is typically the accuser in a criminal process?

Typically, the accuser is the public prosecutor, as they represent the state. However, in cases of private criminal actions, the victim may serve as the accuser.

What is the role of the accuser in a criminal process?

The accuser's role is to bring forth the complaint and represent the state's duty to prosecute crimes. The public prosecutor generally files the complaint, and in private criminal actions, the victim may file it.

Who can be the accused in a criminal process?

The accused is usually a natural person who has the capacity to face a criminal trial. In exceptional cases, legal entities can be accused, particularly in crimes related to the environment or the economy.

What does it mean for the accused to have 'passive legitimacy'?

Passive legitimacy refers to the accused's ability to suffer the penal sanction if found guilty. Only individuals over 18 with mental capacity can be accused. Those who are underage or mentally incapacitated cannot be legally accused.

Why is the presence of a defender (lawyer) essential in a criminal process?

The defender (lawyer) is indispensable because they guarantee the accused's right to broad defense, ensuring a fair trial. Their presence is necessary to uphold the constitutional right to defense.

What is the role of the assistant to the prosecution in a criminal process?

The assistant to the prosecution supports the public prosecutor by representing the victim's interests. They assist in actions that the prosecutor has not already handled, such as filing additional requests or evidence, but they cannot replicate what the prosecutor has done.

When can the assistant to the prosecution participate in the criminal process?

The assistant to the prosecution can participate in the criminal process up until the final judgment is made. They are limited to actions not already performed by the prosecutor.