Imágenes de páginas
PDF
EPUB

C.

Calumny and contumely against private individuals, 804–815.

Judicial permission to prosecute acts committed in court, 279, 805.

Causes of challenge. (See Challenge.)

Causes in which persons subject to ordinary and special jurisdiction are guilty, 11, 12.
Causes which the Supreme Court takes cognizance of. (See Supreme Court.)

Cassation. (See Appeal for annulment of judgment.)

Captains-general: How they testify, 412-415.

Challenges and excuses of justices, judges, assessors, etc., 52-99.

General provisions, 52–56.

May be interposed for legitimate cause only, 52.

Who may challenge in criminal matters, 53.

Legitimate causes of, 54.

When to be interposed, 56.

Hearing and decision of challenges of judges of examination and justices, 57–71.

Form of challenge, 57.

When accused is incommunicado, 58.

Not to delay proceedings, etc., 62.

Decision of, 68-69.

Costs, taxation of, 70.

Hearing and decision of challenges of municipal judges, 72–83.

When to be interposed, 72.

Action upon, 74-78.

Appeal from decision upon, 78-79.

When decision upon to become final, 80.

Costs, 82.

Of assistants of inferior and superior courts, 84-93.
Costs, 89.

Of assessors, 94-95.

Causes for, 95.

How to be interposed, 95.

Appeal from decision upon, 95.

Abstention of prosecuting officials, 96–99.

Prosecuting officials can not be challenged, 96

Chamber of deputies. (See Colegislative bodies.)

Chemical analyses, 356, 363.

Circumstances to be considered in criminal proceedings, 2.

Citation of parties, 166 et seq.

Civil action. (See Action.)

Civil and military governors, how they testify, 412–415.
Civil interdiction, 995.

Classification of a crime, 649–665.

Modification, 732, 733.

In causes involving flagrant crimes, 794.

Clothing of the accused, 371, 372.

Colegislative bodies:

Register, 548.

Prosecution of members of, 750 et seq.

Competency. (See Jurisdiction.)

Complainant:

Taxation of costs, 240, 776.

Liability, 274.

Bond, 280, 281.

Intervention in the sumario, 316, 317, 385.

Complaint, remedy of:

Of ecclesiastical courts against secular courts, 49.
Of ordinary courts against the administration, 51.

In issues involving the challenge of assessors, 95.

Against the nonabstention of the public prosecutor, 99.
For delay, 200.

Period within which to appeal in complaint, 213.

When it lies and how heard and determined, 218-221, 233–235.

Against the secrecy of the sumario, 302.

Against the refusal to take steps at the sumario, 311–384.

For rejection of the certificate required to interpose an appeal for annulment of
judgment for a violation of law, 862-872.

For nonadmission of an appeal for annulment of judgment for breach of form,

921-923.

Complaints, causes for challenge, 54.

Who may and must enter complaints, in what manner and under what condi-
tions, etc., 270-281.

Execution of measures proposed in the complaint, 312.

Rejection of, 313.

Calumnious complaints, 638.

Form of, to be employed to enforce judicial liability, 764.

In causes involving libel and calumny, 811.

Compulsory process:

For the payment of costs, 242, 245.

For recovery upon bonds, 536.

Conciliation, proceedings to effect, 278, 804.

Concurrence in appeal for annulment of judgment, 861.
Confession of the accused and persons civilly liable, 688 et seq.
In causes upon crimes committed through the press, 820.

At the sumario, 406.

Confrontation of witnesses with accused, 451-455, 713, 729, par. 1.
Congress. (See Colegislative bodies.)

Connected crimes:

What are, 17.

Jurisdiction of, 18.

Consuls, entry in their dwellings, 562.

Contumely, acts of, against private individuals, 804, 815.

Judicial permission to prosecute those committed in court, 279, 805.
Corpses. (See Autopsies; Identification.)

Corpus delicti, 334 et seq.

In crimes committed through the press, 822.

Correctional courts (in Cuba), 298.

The complaint, 298.

Warrant of arrest, 299.

Arrest, 300.

Hearings of faltas, 301.

Proceedings in delitos, 302.

The jury, 303.

Trial, 305.

Delitos triable by this court, 306.

Serving sentence, 310.

General provisions, 310.

Limitation of time, 311.

Final provisions, 311.

Corrections, disciplinary:

In questions of jurisdiction, 44.

Of assistants and subordinate employees, 181, 198, 199, 215.
Those intervening in and attending trials, 258, 301.

Police officials, 295, 298.

Court physicians, 346.

Attorneys and solicitors, 301, 870, 894, 923.

Witnesses, 435.

For improper delays, 192, 325, 793.

Errors in the interrogatory, 394.

Correspondence; opening of letters and telegrams, 579–588.

Costs:

In questions of jurisdiction, 33, 44.

In challenges of-

Judges of examination and justices, 70.

Municipal judges, 82.

Assistants of inferior and superior courts, 89.

In proceedings involving temporary liberty, 532, 535.

In proceedings in forma pauperis, 123; par. 5, 136, 139, and 140.

In preliminary action necessary for prosecution of judges, etc., 776–778.

In appeals for annulment of judgment, 901, 931, 944.

General provisions on imposition, payment, etc., of costs, 239-246.

Courts and judges, assistance due each other, 183.

Their duties with regard to judicial statistics, 247 et seq.

Crimes:

(See Authorities; Disciplinary corrections; Rogatory letters; Challenge.)

Connected; definition, 17.

Jurisdiction of, 18.

Flagrant or infraganti, 273.

Special proceedings for prosecution of, 779-787.

Rules to be observed, 788–803.

Preference of appeals for annulment of judgment brought in such causes, 877, 884.

Of personal injuries inflicted by violence, 355.

Of causing violent death, 340.

Of robbery, theft, and fraud, 328 et seq., 364.

Of poisoning, 350.

Through the press. (See Press.)

Private. (See Prosecutor.)

Criminal action. (See Action.)

Crown prince not obliged to testify, 411.

Curator is not necessary to take depositions of minors, 409.

Curatorship as a cause of challenge, 54, pars. 6, 7.

D.

Deaf-mutes, depositions of, 398, 440-442, 711.

Decisions. (See Sentences.)

Declarations. (See Accused; Witnesses.)

Declinatory pleas, 26, 31, 32, 45.

Default:

What criminals are declared in, 834, 839.

Consequences of their presentation or apprehension, 846.
Defense and accusation at the oral trial, 732 et seq.

Decision upon points argued, 912.

Right of. (See Attorneys; Solicitors.)

Denouncer, his liability or identification, 264, 268.
Denunciation:

Obligation of formulating and persons excepted, 259–269.
Deposit required to file appeal for annulment of judgment:
For a violation of law, 857, 875, 890, 907.

For a breach of form, 917, 926, 930, 931, 943, 946.

Depositary administrator of attached property, 601, 602, 606, 607–609.

Depositions. (See Accused; Witnesses.)

Deputies to the Cortes; trial of, 750, 756.

Detention:

Cases in which proper; who may effect it, duration thereof, and when raised

to imprisonment, 487, 489, 501, 520.

Illegal, 496.

Of senators and deputies for flagrant crimes, 751.

Diplomatic representatives:

How they testify, 412-415.

Entry of their residence, 559.

Direct or indirect interest, challenge, 54, 468, 723.

Disagreements in courts, 154, 163–165.

Between experts, 484.

Disciplinary corrections:

In questions of jurisdiction, 44.

Of assistant and subordinate employees, 181, 198, 199, 215.
Of those intervening in and attending actions, 258, 301.

Of police officials, 295, 298.

Of court physicians, 346.

Of attorneys and solicitors, 301, 870, 894, 923.

Of witnesses, 435.

For improper delays, 192, 325, 793.

For errors in the interrogatory, 394.

Dismissal of proceedings:

Absolute, provisional, total, and partial, etc., 634–645, 675.

After the trial has been held temporary dismissal does not lie, 742.

Appeals from decisions upon. (See Appeals for annulment of judgment.)

Documents (documentary evidence), 726, 727.

(See Correspondence.)

Domicile; buildings which are considered such and their entry, 545, 550, 551, 554,

556.

Dwellings; buildings considered such and their entry, 545, 550, 551, 554, 566.

Eating houses, 557.

E.

Ecclesiastical judges or courts; decision of questions of jurisdiction raised by or

against, 47-49.

Ejecutoria, 141, 143.

Elucidation of sentences, 161.

Employees, public:

Denunciation, 262.

Testimony of, 417, 425.

Engravings, crimes committed by means of, 816–824.

Enmity, manifest, as a cause of challenge, 54, par. 11.

Entry and search of closed places and of books and papers, and detention and open-
ing of correspondence, 545-588.

Erasures and corrections, when prohibited, 403, 450.

Evidence:

In a challenge, 65, 76.

At the second instance, 231.

When there are no vestiges of the crime, 330.

In preliminary exceptions, 671, 672.

At the oral trial, 688-731.

In causes involving flagrant crimes, 796.

libel, etc., 812.

In actions upon misdemeanors, 965, 969, 979, 980.

How to be proposed, 656, 657, 659.

How taken, 701, 726, 727.

Only that proposed can be taken, 728.

Exceptions, 729, 730.

Free consideration of, 741.

Appeal for annulment when evidence submitted is rejected, 911.
Exceptions, preliminary, 45, 666–679.

Excuses of assessors by reason of challenge, 94.

Excuses of justices, judges, assessors, etc. (See Challenges.)

Execution of sentences. (See Penalties; Sentences.)

Exhibits, 334-338, 620, 622, 626, 629, 631, 635, 654, 688, 844.
Experts:

Fees, 121, 241, 242, 358-362, 465.

For proceedings of the sumario, 328, 336, 339.

For the analysis of chemical substances, 356, 357–359.

For appraisals, 365.

Reports of, cases when proper, etc., 456 et seq., 577, 594, 724, 725.
Challenge of, 662, 663, 723.

Extradition:

Proceedings to secure, 824-833.

Instructions for drafting papers (in Cuba), p. 335.

F.

Facts, can not be discussed in appeals for annulment of judgment, 897.
statement of proved, 142, No. 1; 912, No. 1.

False testimony, 715.

Fines:

In issues involving challenges, 70.

Imposed upon assistants and subordinate officials of courts, 181, 215.

Imposed upon—

Those who do not give notice of crimes, 259, 262.

Court physicians, 346, 785.

Witnesses, 420, 446, 716, 966.

Experts, 463, 464, 966.

Persons not exhibiting suspicious objects, 575.

disturbing order in the court, 684.

Appellants for annulment of judgment, etc., 870, 923.

First steps, 13.

Foreigners:

How and when they may enter complaints, 270, 280, 281.

How to testify when they do not understand Spanish, 398, 440, 441.

reside abroad, 424.

When their extradition is proper, 826.

(See Crimes.)

Friendship, intimate, as a cause of challenge, 54, par. 10, 468, 723.

Functionaries. (See Employees.)

« AnteriorContinuar »