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Chapter IV Components of the criminal justice system and their role in the production of statistics
from Reference framework for security and criminal justice statistics in Latin America and the Caribbean
A. Stages of the criminal justice process
Recognizing the different stages of a criminal process makes it possible to identify the different types of data generated by the institutions of the criminal justice system. It also makes it possible to differentiate the actors involved, distinguishing their functions, contributions and needs in the production of statistics. Diagram IV.1 displays the cycle of the criminal justice process, which is divided into four stages, ranging from the filing of the complaint to the execution of sanctions and the reintegration of persons deprived of their freedom.
Diagram IV.1
The criminal justice process
• The procedural act whereby a person relates, either in writing or verbally, facts potentially constituting a crime to the Public Prosecutor's Office or the police under its direction. The complaint will specify the circumstances of time, manner, place and alleged perpetrators or participants, if known by the complainant. This is inherently informative and is limited to informing the authority responsible for investigating the perpetration of a presumably criminal conduct.
• The objective of investigation is to administer justice through analysis and the application of techniques, methods and procedures supported by various sciences that make it possible to obtain and process information, in order to identify the characteristics of a crime, by collecting evidentiary material to ascertain the ancillary facts.
• The manner in which the State prosecutes a judicial action against a law breaker. This may take various forms, such as the imposition of a fine, restriction on visiting or transiting through certain places, or the deprivation of freedom. The sentence must safeguard the dignity of the sanctioned persons and must therefore be applied in accordance with the provisions of the Constitution of each country, international human rights treaties and local laws.
• The enforcement of penalties and security measures follows from the rulings of the competent courts under national legislation.
• Reintegration is the process of social and psychological integration into the social environment, through custodial measures aimed at re-education, and social intervention programmes that prevent law breakers from reoffending.
