The cause would be commenced, either _de officio_, by the judge who had a knowledge of the crime, or by the prosecuting attorney, or by virtue of private accusation on the part of the person aggrieved.

The case once started, the investigations made during the period known as the _sumario_ were conducted in the absence of the accused.

The latter had no hand in the case, as it was thought that the reserve and secrecy of the procedure ought not to be violated to the end that the accused might not frustrate the evidence of the prosecution by preparing his defence.

Owing many times to the inactivity of the judge or of the prosecuting attorney, to the great amount of work which weighed down the courts--for actions were begun when there was knowledge of the commission of the crime, although the perpetrators were not known--and by the manipulations at other times of the private accuser to whose interest it was to harm the accused by delaying the _sumario_, this period was often made to extend over years and years.

Meanwhile the defendant was confined in prison, as no bail was allowed in any case in which the penalty was that of _presidio correccional_ (from six months and one day to six years' imprisonment) or greater.