SYNOPSIS: The initiative proposes to modify article 148 of the National Code of Criminal Procedures, to establish that when a person is arrested in flagrante to a person for a fact that could constitute an offense that requires a complaint from the offended party, the police and the Ministry Public, will have a total of twelve hours, counted from the moment of the arrest, to notify and assist with the victim for the presentation of the complaint. If after the deadline indicated, the victim does not appear to file the complaint, the Public Prosecutor's Office will order the immediate release of the detained person.
It establishes that the Public Prosecutor's Office, under its strictest responsibility, may extend detention for a maximum of twelve hours when, due to the circumstances of the case, the victim can not file a complaint within the period indicated in the previous paragraph.
Noting that in case the victim or offended person is physically unable to file their complaint, the legal term of detention of the accused will be exhausted. In this case, it will be the relatives by consanguinity up to the third degree or by affinity in the first degree, who will be able to legitimize the complaint, regardless of whether the victim or offended ratifies it or not later.