acusatorio

Acusatorio is an adjective used in criminal procedure to describe an accusatory or adversarial model. In this approach, the public prosecutor plays a central role in directing the case and presenting evidence, while the trial is conducted through public, oral confrontation between parties. The term is often contrasted with inquisitorial or mixed systems, where the judge or a centralized investigation shapes the facts more privately.

Core features include an oral and public trial, a neutral judge or panel, and robust safeguards for the defense. The burden of proof generally rests on the prosecution, and evidence is exchanged and contested by the parties in a competitive process. The presumption of innocence is emphasized, and the defense has rights to cross-examine witnesses, present counter-evidence, and access relevant information. The procedure aims for transparency, immediacy, and accountability through direct confrontation in court.

In practice, pre-trial phases may retain investigative elements, but the trial itself follows an adversarial rhythm. Many systems separate investigative work from adjudication, assigning investigative authority to the public prosecutor and police under legal controls, while the tribunal focuses on evaluating presented evidence. Some jurisdictions retain limited inquisitorial features in the pre-trial stage, but the emphasis remains on an oral, public, and party-driven process at trial.

The acusatorio model has been adopted in various Spanish-speaking countries as part of modern criminal procedure reforms, including parts of Colombia, Argentina, Chile, Mexico, and Peru. While the general aim is greater transparency and due process, implementations vary by country, reflecting different legal traditions and constitutional frameworks.