The 4 differences between dismissal and file - psychology - 2023
- Dismissal: basic concept
- File of a court case: what is it?
- Main differences between dismissal and file
- 1. Decision and action
- 2. Cause and consequence
- 3. They don't have to go hand in hand
- 4. One modifies the other
The judiciary is one of the three main powers that emanate from the state, who is considered impartial and who is dedicated to imparting justice in accordance with the law. Of course, there are many existing judicial processes, but nevertheless it is not always possible to pass a sentence. Sometimes it is necessary to end or stop the procedure followed.
In this sense, it is more than likely that on some occasion you have heard of a case that has been dismissed or archived. These concepts can be confusing if we do not know what they refer to, and it is even probable that we think that they are two words to express the same thing. However, this is not so.
What are they and what are the main differences between dismissal and archive? We are going to see it throughout this article, based mainly on the Criminal Procedure Law.
- Related article: "Legal Psychology: the point of union between Psychology and Law"
Dismissal: basic concept
The situation in which it is determined the termination or paralysis of the judicial process, whether provisionally or definitively, generally due to the absence of sufficient evidence or indications for its continuation. It is an atypical way of ending a criminal process since a sentence is not passed and a decision or ruling is not reached.
It does not imply that the case is closed forever or that it is no longer investigated, but the criminal process is paralyzed since there are no elements that allow its action on the case.
It should be taken into account that there is no single type of dismissal, but that at least two main ones can be found: free and provisional dismissal, total dismissal and partial dismissal.
The free dismissal of a case implies that the process is indefinitely paralyzed, and is carried out in all those cases in which there are no indications or rational suspicions that the events that give rise to the judicial process have occurred. In other words, when there is no evidence and indications that allow to awaken the interest of prosecution in fact judged. Also when what is being judged does not constitute a crime, that is, when what happened in the case is not included and punished in the country's Penal Code.
A third possibility that a free dismissal of a case is decided is given when the accused or investigated have no responsibility for the judged event and are innocent or cannot be punished.
Regarding the provisional dismissal, this is a type of provisional stoppage of the process that is carried out when the crime or case refers to events in which the commission of the crime has not been justified and proven, but nevertheless there are reasonable and plausible indications of him, or when, despite the certainty of the crime, the evidence against the accused is not powerful enough to be able to identify its author despite whether there are suspicions and indications in this regard.
In addition to it, when an act is judged with more than one accused, the dismissal that is carried out can be total or partial regardless of which of the two types of dismissal it belongs to. The total would imply that the dismissal would affect all those involved, while the partial would refer to a part of the accused having seen their case dismissed but others continue the judicial process.
The dismissal implies that the case and the evidence are classified and filed, but in the event that relevant evidence and indications appear and not taken into account at the first moment of the process and the court (be it the same or another) considers it relevant, it is possible to reopen the case.
File of a court case: what is it?
With regard to the file of a case, on this occasion this term refers to the act or physical and material activity through which the classify, document and save the set of indications, evidence or actions carried out during or related to the completion of a judicial process.
In other words, we are facing an effect or consequence of the completion of the procedure in which everything that happened is put in writing and detailed both at the level of evidence and indications and the procedures carried out, so that an order is formed of the case and saved to a file.
Main differences between dismissal and file
Dismissal and archive, as we have seen, are closely related and in fact they refer to and are linked to the same situation: the completion of the processing of a criminal proceeding, albeit temporarily.
However, this does not imply that they are exactly the same, but that it is possible to find some differences between the two concepts. Among them, the following stand out.
1. Decision and action
The first and most obvious of the differences between dismissal and file of a case is that they do not refer to the same concept or reality.
The dismissal is the decision or the fact of paralyzing the process, while archiving the case literally implies a direct action in which the set of actions and elements related to the fact tried are classified and placed in safe custody in order to comply with ceasing or stopping the process and carry out said termination.
2. Cause and consequence
Another possible difference lies in the fact that actually one is a consequence of the other. Specifically, the case file is carried out as a result of the issuance of the dismissal order issued by the judge, which is the cause of the first.
3. They don't have to go hand in hand
Dismissal and archive make it clear that they do not have to be the same if we take into account that although the dismissal does result in the case being closed, there are other possible resolutions that result in the closing of this file without having to rule the dismissal of the case.
4. One modifies the other
That a case is dismissed implies that the case is closed. However, when new evidence appears, a case with a provisional dismissal may be reopened. In this case, the case is no longer archived.
However, for this it will always be necessary to lift the dismissal and not vice versa.