The Latin word accusatĭo came to Spanish as an accusation. It is the act of accusing: pointing out a person as responsible for a certain fault. In the field of law, the accusation involves charging a crime to an individual.
The prosecution can be said to be one of the necessary steps that must be taken in a judicial process to reach a sentence. The accusation against a subject must be made before the corresponding authority that, after the trial, will determine if the accused is guilty or innocent. If, by the evidence gathered, the authority determines that the person is guilty, it will apply the punishment detailed by law (a financial sanction, imprisonment, etc.).
Under the magnifying glass of the justice system, the accusation is not an indivisible element, but is made up of several components; Although each author can understand this structure with different nuances, among the key points are the following: the data that identifies the different parts; the description of the facts, which must meet a series of requirements, such as precision and conciseness; the typification of the crime, essential to start the rest of the legal procedures.
On the other hand, there is the concept of false accusation, which is also known as false accusation, and it is a crime that consists of imputing the realization of a crime or misdemeanor to one or more people before the competent authority, being aware of being missing the truth. In other words, this occurs when we assure the police that someone has acted illegally despite knowing that this is not true.
Although it may seem occasional, the crime of false accusation is very frequent; for example, more than 900 cases of this type were registered in the first third of 2013 alone. The judicial authority that carries out the prosecution of this crime must issue a firm judicial resolution of file or dismissal; In other words, once the complaint is appraised, the evidence that the complainant has presented and the statements of both parties, they must interrupt their actions when they understand that there are insufficient indications to support the veracity of the facts.
The accusation can also be understood as the request that an individual or a group of people make to obtain a conviction from the accused, for which they provide the evidence that shows that the accused is not innocent (that is, rebutting the principle of presumption of innocence). The set of accusers is also known as accusation. For example: “The prosecution requested nine years in prison for the accused, ” “Now the court must consider the accusation’s claim. ”
In colloquial language, the idea of accusation is used with reference to the action that involves blaming someone for something: “I don’t understand your accusation! I never said anything to Cristian ”, “ I already heard dad’s accusation, but I swear I didn’t take the money ”, “ I’m tired of the accusations, I’m going to resign ”.
While in the legal field an accusation is an absolutely normal procedure and, in fact, necessary for other complementary processes to take effect, in daily life it is not something cold and technical, but rather an action that can have consequences for emotional level. For example, when a person accuses someone in whom he has a lot of confidence of having stolen an asset, he takes a step from which he can regret the rest of his life if his accusation turns out to be unfounded, since the relationship can be broken forever because of it.