1. When the Judge on duty has agreed to continue this procedure, in the same act he will hear the Public Prosecutor's Office and the parties in person so that they can rule on whether the opening of the case is appropriate. oral trial or the dismissal and so that, where appropriate, they request or ratify what is requested regarding the adoption of precautionary measures. In any case, if the Public Prosecutor's Office and the private prosecutor, if any, request the dismissal, the Judge will proceed in accordance with the provisions of article 782. When the Public Prosecutor's Office or the private accusation request the opening of the oral trial, the Judge on duty will proceed in accordance with the provisions of section 1 of article 783, resolving what is appropriate by order. When the opening of the oral trial is agreed, it will dictate orally self-motivated, which must be documented and will not be subject to any appeal.
2. Once the oral trial has been opened, if no private accusation has been filed, the Public Prosecutor's Office will immediately present its indictment, or will formulate this orally. He accused, in view of the accusation made, may in the same act give its consent in accordance with the provisions of the following article. In other cases, he or she will immediately present his or her defense brief or formulate it orally, and the Secretary of the Night Court without further formalities to the summons of the parties to hold the oral trial.
If the accused requests the granting of a deadline for the presentation of a defense brief, the Judge will prudently set it within the following five days, taking into account the circumstances of the event. defendant and the remaining data that have been revealed in the investigation, the Judicial Secretary immediately proceeding to summon the parties to hold the oral trial and to summon the accused and, where appropriate, the civil responsible to present their writings before the competent body for prosecution.
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3. The Secretary of the Duty Court will make the appointment for the holding of the oral trial on the earliest possible date and, in any case, within the following fifteen days, on the days and hours predetermined for this purpose by the judicial adjudicating bodies. and adjusting to what was foreseen in the article 785.2 of this Law. For these purposes, the General Council of the Judiciary, in accordance with the provisions of Article 110 of the Organic Law of the Judiciary, will dictate the appropriate Regulations for the organization, in coordination with the Public Prosecutor's Office, of the indications of oral trials carried out by the Duty Courts before the Criminal Courts.
The practice of summonses proposed by the Public Prosecutor's Office will also be agreed upon, with the Judicial Secretary immediately carrying out those that are possible, without damage of the decision adopted by the prosecuting body on the admission of evidence.
4. If a private accusation has been constituted that has requested the opening of the oral trial and the Judge on duty has so agreed, he will immediately summon the former and the Public Prosecutor's Office to present their writings within a non-extendable period and not exceeding to two days. Presented said writings before the same Court, it will proceed immediately in accordance with the provisions of section 2.
5. If the Public Prosecutor's Office does not present its indictment at the time established in section 2 or within the period established in section 4, respectively, the Judge, without prejudice to summoning those directly offended and known harmed in any case, In the terms provided in section 2 of article 782, he will immediately request the hierarchical superior of the Prosecutor to present the appropriate document within two days. If the hierarchical superior does not present said document within the deadline, it will be understood that he does not request the opening of an oral trial and that he considers a free dismissal appropriate.
6. Once the defense document has been received or the deadline for its presentation has expired, the judging body will proceed in accordance with the provisions of section 1 of article 785, except as provided for the appointment and summonses that have already been issued.
7. In any case, the parties may request the Court on duty, which will so agree, the summons of witnesses or experts that they intend to propose for the act of trial, without prejudice to the decision adopted on the admission of evidence. the judging body.
art 800 lecrim
Article 800 of the Spanish LECRIM refers to the opening of the oral trial.