The Latin word accusatĭo he arrived in Spanish as accusation . It is the act of to accuse : designate a person as responsible for a certain fault. In the field of right , the accusation supposes impute a crime to an individual .
It can be said that the accusation is 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 He is guilty or innocent. If by the evidence gathered, the authority determines that the person is guilty, the punishment detailed by law (an economic sanction, imprisonment in jail, etc.) will apply.
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: data that identify the different parties; the description of the facts, which must meet a series of requirements, such as accuracy and conciseness; the criminalization of the crime, essential to begin the rest of the legal proceedings.
On the other hand, there is the concept of false accusation , which is also known by the name of false report , and it is a crime that consists in imputing the realization of a crime or offense to one or more persons in front of the competent authority, being aware of the lack of true . In other words, this takes place 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; in Spain, for example, they registered more than 900 cases of this type in the first third of 2013 alone . The judicial authority that carries out the prosecution of this crime must issue a final judicial decision on file or dismissal; in other words, once you value the complaint , the evidence that the complainant has presented and the statements of both parties, must interrupt their action by understanding that there is insufficient evidence to support the truthfulness of the facts.
The accusation can also be understood as the request that an individual or a group of people make to obtain a sentence of the accused, for which they contribute the tests that allow to demonstrate that the accused is not innocent (that is, refuting the Presumption of innocence ). The group formed by those who accuse is also known as accusation. For example: "The prosecution requested nine years in jail for the accused", “Now the court must consider the claim of the accusation”.
In colloquial language, the idea of accusation is used with reference to the action that implies blame someone for something : “I don't understand your accusation! I never said anything to Cristian ”, "I heard dad's accusation, but I swear I didn't take the money", "I'm tired of the accusations, I'm going to quit".
While in the legal field an accusation is an absolutely normal procedure and, in fact, necessary for other complementary processes to come into operation, in everyday life it is not a matter of something cold and technical, but of an action that can have consequences for emotional level For example, when a person accuses someone in whom they have deposited a lot trust having stolen a good, he takes a step that 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.