Allegation is a term whose etymological root is found in allegātus, a word from the Latin language. An allegation is an address, testimony or exposition that is pronounced against or in favor of a person or something.
For example: “The religious leader made a plea for peace in a mass meeting”, “The prosecutor is scheduled to make his plea tomorrow before noon”, “The actor made a strong plea against journalism after photos were released of your privacy in a magazine. ”
Take the case of an experienced soccer player who, tired of criticism of his team’s coach, decides to offer a press conference to defend him. In his argument, the footballer highlights that the technical director in question has won ten titles throughout the race, including one last year. It also lists the injuries suffered by the campus as an explanation of why the poor results in recent times. Therefore, the player asks that criticism of the coach cease and that his work be valued.
In the judicial field, according to the dictionary, the presentation made by a lawyer to substantiate the right of the defending party and to refute the reasons given by the other party is called an allegation.
In his plea, the legal specialist makes a statement, analyzes the evidence, challenges the arguments of the counterparty and makes a legal basis for his claims based on legislation and jurisprudence.
The allegations can be presented in two ways:
* orally, in the hearing when the evidence is completed, a concept that includes the process that the judge carries out when he checks and validates the evidence that each party has alleged, before the trial is held;
* in writing, either when the closing period opens or when the hearing has ended.
It is worth mentioning that the allegation constitutes a procedural burden for both parties, although it is also important to note that there is no obligation on the part of the judge to rule on them.
Although it is normal that there is no specific form established by procedural laws regarding the structure of the allegation, it must be borne in mind that it must involve a reasoned and methodical exposition of the following:
* the facts stated in the lawsuit;
* the evidence that the party wishes to provide to demonstrate it;
* the value of such tests;
* the challenge of those brought by the opposing party;
* the denial of the events indicated by the opposite party;
* the reasons that can be extracted from the facts that are proven;
* the doctrinal and legal reasons that can be adduced in favor of the right that is invoked.
A word from the allegation family that is often used in everyday speech is the verb allegar, whose definition can provide a certain background to better understand the concept in question. It is the action that a person performs when he cites an example, certain words or a fact that can serve to prove his innocence or to defend himself in a certain situation.
Another meaning of the verb to allege defines it as the act of presenting services or merits that serve to base a certain claim on them. In the particular case of Law, the area in which the concept of allegation is usually focused, it is the action carried out by a defendant or his defense attorney to argue, in written or oral form, rights and events that serve to defend its cause.