The word dismissal refers to the action and the effect of override.
Suspend a judicial proceeding due to lack of evidence
Meanwhile, dismissal implies ceasing a preliminary investigation, leaving a judicial proceeding without further course due to the absence of causes that lead to continue with the same. “The judge finally dismissed the main suspect because he did not find any excluding evidence to prosecute him.”
Dismissal is a judicial resolution quite common that it is dictated, either by a judge or by a court, from which suspend a process that was being followed as a result of the lack of causes that justify the action of justice in it, as we have already pointed out, that is, the judge does not find a reason to continue with the procedure because there is nothing of the that can be grasped or taken to continue it.
It is determined before passing a sentence, because of course, a sentence could not be determined if the judge who follows the case does not find evidence that definitively incriminates the accused or suspect.
The process can be reopened if evidence is found
However, in many cases, this process can be reopened later if there is or appears evidence that demands it.
Of course, this act will be prudent to dictate when a judge does not find grounds to continue with the process of a defendant, because of course, it would be absolutely unfair and incorrect to continue with a procedure if there is not enough evidence, if this happens, it could be sentenced to an innocent and that without a doubt is a very serious fault on the part of those who have the responsibility to dispense justice in an equitable manner.
It is a resolution that usually turns out to be an institution of the criminal Procedural Law, as the set of rules that regulate any criminal process from the beginning to the end is called (the activity of the judges and the substantive law in the sentence).
As there is not enough evidence and the predominance of budgets, the judge or the court, cannot in any way know the merits of the matter, and then they decide to end the process before passing sentence, giving rise to the figure of dismissal.
Depending on the legislation in question, the dismissal leaves a door ajar for the reopening of the process later, since there is no res judicata, such a possibility is opened in the future in the event of new and conclusive evidence.
In most cases the dismissal is dictated from a car, which is a judicial resolution through which the judge or the court pronounces on petitions from the parties, resolving on incidents.
Dismissal classes
Among the types of dismissals, the following stand out: the definitive and the temporary, depending on whether it puts an end to it, or, failing that, suspends it for certain reasons; and it can also be total or partial, in relation to whether it refers to all or some of the parts of the case in question.
If during the process it was decided that the suspected or accused person should remain in prison, due to the presumption that it could hinder the investigation, once the court decides his dismissal, he will be able to regain his freedom.
However, if this dismissal is not final, the person must be available to the courts when they are sued if they decide to open the process.
This concept is of recurrent use in the law, especially, but it is also a term with which people who do not participate or do not handle judicial language, likewise, are familiar as a consequence that it is frequent that it is spoken a lot to instances of the mass media, when they follow and report on legal cases involving public figures.
The strong involvement of justice, of judicial processes in daily life, generates precisely this that we mentioned about the familiarity of certain terms that are assumed to be of exclusive use of a context but that for certain reasons end up being used and becoming common for the people.
