Functions of judge, prosecutor and defender in an adversarial model

THE JUDGE: During the preliminary investigation stage of the judge is a judge of guarantees and protection to the defendant, issuing or coercive measures restricting fundamental rights, they are requested by the prosecutor also performs the control of procedural deadlines, being functions described in Article 323 º of the CPP. During the intermediate stage the judge of the preliminary investigation takes the direction of the effect of process control the regularity of fiscal dismissal order or control the prosecution to determine whether it has sufficient basis to begin the phase of the trial, so as dictated by the Auto Procedure. During the phase of the trial, the judge may be a single judge or school, being that the latter know that they have crimes in its lower end a sentence of imprisonment greater than 06 years, judges have not participated in any of previous phases, and assume the direction of the trial, taking care to respect the due process and other constitutional principles, guaranteeing the full exercise of the prosecution and the defense of the parties, being the core at this stage the evidence that support the performance parties (the prosecutor and the defense of the accused) before the impartial third party (single judge or Collegiate) to reach and achieve their conviction that confirms your theory of the case by a conviction or acquittal.

THE PROSECUTOR: During the preparatory phase the prosecutor is the director since its inception, head of the burden of proof, being an Attorney Instructor since she learned criminal or denunciation of a crime, providing for the conduct of preliminary inquiries or investigations urgent and pressing, their actions governed by the principle of objectivity, which means that during the inquiry is to investigate both the facts evidencing the liability or innocence of the accused. During the intermediate stage the prosecutor loses the direction of the process, participating in the Hearing the request for dismissal control, or at the hearing of the charge, whether the Prosecutor has requested the dismissal or has taken charge. During the trial stage, the Prosecutor acts all the incriminating evidence supporting attribution and theory of the case, and its performance as a party to the proceedings. THE DEFENSE: Since a person is cited or arrested by police authority has the right to defense by a lawyer of their choice, it enjoys all the rights under the Act for the exercise of his profession and his client's rights set out in Article 84 of the Code of Criminal Procedure.

As this is a technical defense is mandatory, and which develops a theory of the case contrary to the theory of the case presented by the prosecutor, intervening in the activities of research, proposing the exculpatory evidence, being a party to the proceedings.