Article 743 of the Criminal Procedure Law

  Criminal Procedure Law

1. The development of the sessions of the oral trial It will be recorded on a medium suitable for the recording and reproduction of sound and image. The Judicial Secretary must keep the electronic document that supports the recording. The parties may request, at their own expense, a copy of the original recordings.

2. Whenever the necessary technological means are available, the Judicial Secretary will guarantee the authenticity and integrity of what is recorded or reproduced through the use of the recognized electronic signature or other security system that, in accordance with the law, offers such guarantees. In this case, the celebration of the event will not require the presence of the Court Clerk in the courtroom unless the parties have requested it, at least two days before the hearing is held, or if the Court Clerk exceptionally considers it necessary, taking into account the the complexity of the matter, the number and nature of the tests to be carried out, the number of participants, the possibility of incidents occurring that could not be recorded, or the concurrence of other equally exceptional circumstances that justify it, a case in which the The judicial secretary will issue a succinct record in the terms provided in the following section.

3. If the guarantee mechanisms provided for in the previous section cannot be used, the Judicial Secretary must record in the minutes, at least, the following data: number and type of procedure; place and date of celebration; duration, attendees at the event; requests and proposals of the parties; in case of proposal of evidence, declaration of relevance and order in the practice of the same; resolutions adopted by the Judge or Court; as well as the circumstances and incidents that could not be recorded in that support.

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4. When the recording means provided for in this article cannot be used for any reason, the Judicial Secretary will draw up minutes of each session, recording therein, with the necessary length and detail, the essential content of the evidence taken, the incidents and claims produced and resolutions adopted.

5. The minutes provided for in sections 3 and 4 of this article will be drawn up by computer procedures, and cannot be handwritten except on occasions when the room in which the performance is being held lacks computer facilities. In these cases, at the end of the session the Judicial Secretary will read the minutes, making any corrections that the parties request, if he deems them appropriate. This record will be signed by the President and members of the Court, by the Prosecutor and by the defense counsel of the parties.

art 743 lecrim

Article 743 of the Criminal Procedure Law Spanish refers to the development of the sessions of a oral trial and to the tasks that the Judicial Secretary must perform during its course.