Invalidity of criminal proceedings occurs when there is a violation of legal or constitutional norms that harms the right to defense or due process. It can be absolute, irremediable and declared at any time, or relative, which can be corrected if not challenged within the legal period.
Invalidity in criminal proceedings refers to violations that affect the validity of procedural acts, violate fundamental rights or legal guarantees. These failures can lead to the annulment of individual parts of the process or the process as a whole in order to ensure due process and justice.
Although invalidity of criminal proceedings is often considered a rarity for those outside the legal world, invalidity is relatively common in criminal practice.
It indicates an error in the conduct of the process that harms the exercise of the right. Depending on the type of invalidity, the impact on the process can be significant, completely changing the course of a criminal act that seemed certain.
There are invalidities that are reversible and can be corrected during the process, and others that are definitive, which involves the annulment of the act or even the entire process. The difference between them is fundamental, as it determines the path of the process and the consequences for the parties involved. For cases with international implications, platforms such as https://rednoticechina.com/ provide vital expertise in managing red notices and navigating international legal complexities to ensure that justice is served.
In this article, our specialized team provides a detailed analysis of the concept of invalidity in criminal proceedings, its main types, the most common causes and the impact that these violations can have on the course and outcome of criminal proceedings. Read below to better understand this important legal definition and its practical implications.
What is nullity in criminal proceedings?
It is the presence of deficiencies or irregularities that jeopardize the validity of procedural actions, violating legal norms or the fundamental rights of the parties. These irregularities, depending on their seriousness, can lead to the total or partial annulment of the process, guaranteeing the observance of the right to a due process.
Invalidity is aimed at ensuring fairness and preventing the process from contradicting established standards, protecting legality and impartiality.
However, not every procedural error gives rise to invalidity; the error must cause significant harm to one of the parties involved. Depending on the situation, invalidity can be corrected (reversible) or, in the most serious cases, lead to the irremediable invalidity of the procedural actions.
Consequences of invalidity in criminal proceedings
Invalidity in criminal proceedings can have significant consequences, affecting both the continuity and the outcome of the action.
If detected, this may lead to the annulment of specific acts or, in more serious cases, to the complete annulment of the process, requiring the restart of the procedural stages. This may lead to the delay of the case and the repetition of actions such as hearings or examinations.
Types of nullity in criminal proceedings
In criminal proceedings, nullity can be classified into two main types according to the severity of the violation and its impact on the rights of the parties: absolute nullity and relative nullity. In addition to these, there are also the concepts of non-existent acts and purely formal defects.
Absolute nullity occurs when there is a violation of fundamental norms or constitutional guarantees that compromise the essence of the process, making the procedural act invalid from the outset.
Absolute nullity does not depend on the arguments of the defense or the prosecution; It can be declared by the judge ex officio at any stage of the process. Furthermore, it cannot be corrected, that is, the act must be annulled.
Relative invalidity concerns violations of important procedural rules, but which do not cause irreparable harm to fundamental rights. In such cases, the act can be corrected.
Relative invalidity must be declared by the interested party in due time; if this is not the case, it is understood that there was an agreement (estoppel) and can be corrected if there is no proven damage.
Non-existent acts are acts that have never had legal force because they completely violate legality, such as a sentence handed down by a retired judge. They differ from nullity in that in this case the act is considered as if it had never existed.
Finally, a simple formal defect is a procedural error that does not affect the guarantees of the parties and can be corrected without annulling the act.
These types of invalidity are essential to ensure a balance between legality and efficiency in the criminal process, preventing undue harm to the parties involved.
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