Dismissal / Nolle prosequi
Judicial decision ending criminal proceedings without a judgment. Free dismissal (Arts. 637 LECrim) produces res judicata effects. Provisional dismissal (Art. 641) does not prevent reopening if new evidence appears.
Related resources
Other Criminal law terms
Circumstance that reduces the severity of the crime and allows imposing the sentence in its lower half. Includes: confession, damage repair, undue delays, drug addiction, kinship and analogous mitigating.
Circumstance that increases the severity of the crime and allows imposing the sentence in its upper half. Includes: treachery, abuse of superiority, disguise, price, discrimination and recidivism.
Benefit allowing suspension of imprisonment not exceeding 2 years (exceptionally 5), conditioned on not reoffending during the fixed period (2-5 years).
Agreement whereby the accused admits the facts and accepts the requested sentence, avoiding trial. In abbreviated proceedings it may be entered at any point before trial. Limit: if the requested sentence exceeds 6 years' imprisonment, the plea is only possible if the court freely accepts it.
Lexiel searches case law on this term and drafts documents with verified citations.
Try free