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Provocation be committed through recklessness? No, these are crimes that can only be committed through intent . If, for example, a person has pornographic material in their possession and shows it to a child by mistake thinking that it is another content, and as soon as they make a mistake they remove said material from their sight, they will not be committing a crime of sexual provocation. . Is it necessary that there be any result to commit a crime of indecent exposure or sexual provocation? No, these crimes are included in the so-called crimes of mere activity , which are those that are understood to be committed when the active subject carries out a certain behavior, without it being necessary for it to produce a result.It includes measures to guarantee civil liability derived from the crime . That is, bonds, embargoes and guarantees. Subsidiary civil liability piece. It is established when there are people who have to respond jointly with the perpetrator of the crime.
The investigation phase ends with the conclusion of the summary, in which a specific person is charged or incriminated. 2. Intermediate phase At this procedural moment, the investigating court refers the proceedings to the Provincial Court (or Criminal Chamber of the National Court). Once the proceedings are in the Hearing, we wait for any appeals that may remain pending to be resolved. In addition, the proceedings are transferred to DM Databases all parties so that they can decide whether they agree with the conclusion of the summary or whether they request the carrying out of any procedure , whether they request the opening of the oral trial or, on the contrary, the dismissal of the proceedings. of the cause. In accordance with the requests of the parties, the Court will decide whether to continue with the investigation phase, whether to dismiss and archive the procedure or to start the oral trial. 3. Oral trial Provided that the Court has agreed to open the oral trial, the parties will be notified so that within a period of 5 days they can formulate their written provisional conclusions ( qualifying the crime .
The oral trial, in the literal sense, is the act in which the evidence is taken, the action is determined, the reports are presented and the right to the last word of the accused is practiced. After the lawyers of the parties and the defendants speak in their case, the president of the court will declare the trial concluded and seen for sentencing. Given this ruling, an appeal is possible before the Supreme Court. Now, when a judgment of acquittal is issued (other than due to non-imputability or lack of guilt of the active subject) or an order of free dismissal and these resolutions become final, the registered data must be deleted. Legal basis of these police databases on DNA indicators The norm that regulates this reality is Organic Law 10/2007, of October 8, regulating the police database on identifiers obtained from DNA . In many matters, this law refers to the Criminal Procedure Law. Likewise, LO 10/2007 is included in the framework of Organic Law 15/1999, of December 13, on the Protection of Personal Data .
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發表於 17:02:53