It is very likely that many times we think that it is a situation in which the Court will handle our case. Depending on the type of crime, it may become essential that in order for it to be prosecuted, we are represented by a lawyer as a Private Accusation.
On the other hand, in minor crimes, it is not mandatory for a lawyer to represent us as victims and to take care of pursuing a conviction before the perpetrator, as well as recovering our money, or what is the same as demanding civil liability.
But let's go to the important thing: Why do you need a lawyer when you are the victim of a crime?
Because the lawyer for the private prosecution is the one who will ensure your rights, will claim compensation for the damage, normally by means of compensation, and will provide all the documentation you have on the case.
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It is possible that because of the movies, many of us think that we can go on the day of the trial with our folder with documents, invoices and evidence and give them to the judge with satisfaction. Unfortunately, IT IS NOT LIKE THAT, you cannot present yourself with your documents on the same day of the trial and pretend to assert your evidence. This occurs because one of the procedural principles requires equality of arms, which means that both the prosecution and the defense must know the evidence in order to face each other in a fair trial. This cannot happen if we bring out surprising evidence at the last moment, yes, the trial is the last moment. The act in which we go to the court summoned by the officials and in front of the judge is when the investigation of the procedure has already finished and the evidence that has been admitted by the investigating judge has been provided (the one who investigates and is not the same as the sentencing judge). Therefore, it is vital to have contacted a lawyer before, to have explained the case and commented on what we believe may be the evidence that will serve to present them in the appropriate manner and time in the criminal process that has many different phases. We need a professional since, depending on the crime, its seriousness, the people involved and the place where it was committed, there can be many different scenarios such as the Court that has to take charge of the investigation being different from the one to which our complaint has arrived, or that for the matter (Gender Violence), a specialized judge has to hear the matter.
Since the law is a legal labyrinth that lawyers know well, if you want your rights to be demanded with all of the law, you should call Audacia Abogados, your lawyers in Torrevieja.
