Africa-Press – Angola. The master in Legal and Criminal Sciences Correia Vicente Pongolola clarified, in the city of Sumbe, justice operators and unofficial defenders about the modalities of application of a set of norms that contribute to the guarantee of constitutional rights.
Correia Vicente Pongolola worked with the legal figure of presenting a complaint, stressing to the technicians that the exercise of this right requires the unequivocal expression of the will of a subject to denounce an action that has harmed him.
He added that it stems from the claim of a complaint about a criminal procedure against the accused, since the presentation of a complaint translates into the exercise of a right that belongs to the respective offended or injured party.
The jurist addressed the matter during a lecture on “Criminal Prescription, in the city of Sumbe, promoted by the Provincial Council of the Angolan Bar Association (OAA) in Cuanza-Sul.
Correia Vicente Pongolola underlined that the offended person can renounce or give up the right to the complaint, and, consequently, to the criminal procedure, while the waiver occurs when the holder of the right to complain expressly declares that he does not want to exercise or acts in the sense of being able to deduct a not want.
“The holder of the right to complain may withdraw from the criminal procedure tacitly, that is, without instituting a civil action with deduction of compensation arising from the criminal fact before the Civil Court, in cases of crime of the private forum, on the basis of number two. of article 76 of the Criminal Procedure Code (CPP)”, he stressed.
The Master in Legal Sciences recalled that the criminal procedure is binding for the crime committed, depending on the complaint or private accusation, including the initiation of the action in the competent Civil Court. “In case of confirmation by the holders of the right of complaint, or accusation, it is up to the Civil Court to initiate the respective criminal action”, he said, making it known that its pursuit is based on the principles of option or alternative.
Liability of criminal procedure
As for the modalities of the termination of the criminal procedure, Correia Vicente Pongolola referred that the same is observed as a result of the statute of limitations, as soon as the time limits have elapsed on the commission of the crime.
The prescription, he explained, can be acquisitive or extinctive, the first being characterized by the incorporation of a certain right in the legal sphere of another. The second, namely the extinctive statute of limitations, occurs whenever the holder of the right does not claim it for a certain period of time, and thus loses the possibility of demanding such a right.
Delivery of Banknotes
The Angolan Bar Association delivered ballots to professionals who will practice law in the province of Cuanza-Sul.
The delegate for Justice and Human Rights in Cuanza-Sul, Lino Cupenga, said that the delivery of the ballots is an indicator of the growth of activity in the province.
He appealed to lawyers to strive for the guarantee of the defense of constitutional rights, in all circumstances, being one of the great challenges in a democratic and lawful state.
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