Order of non-binding to the process (importance of the clarifications in the charge)

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F. Roberto Ramírez - Abogado

Published on Mar 15, 2021
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An order of non-binding to the process is obtained based on the arguments put forward by the defense, which derive from the clarifications requested from the prosecution. Remember that the preliminary legal classification must be established in the charge, which in its first element establishes the criminal type, so if it is a casuistic criminal type, it is important to know what hypothesis the prosecution is charging in order to determine if the evidence available is sufficient for this.

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