He oral trial It is the most important phase of a criminal process, it is the phase that follows after the investigation and accusation. The development of this phase is done in the presence of a judge and is where the claims are expressed, proposals are made and all the tests are carried out.
The stage of oral trial It is where the allegations are presented with the purpose of the competent authority issuing a ruling. There is the possibility and according to the conditions under which this judicial procedure is carried out, it is carried out behind closed doors.
What is an oral trial?
He oral trial It is a phase that is carried out in all criminal proceedings after the investigation and provisional accusation are completed. In this phase, in the presence of a competent court or judge, evidence is taken and allegations are made to issue the sentence.
This judgment is based on the principles of officiality, immediacy, equality, publicity and other related ones. Which allow to guarantee a transparent and objective procedure for the parties involved.
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Among the principles that govern the oral trial there is the principle of publicity, which manifests itself, when the realization of this trial is ordered. This allows all acts carried out in the process to be public, such as oral debates, and will be done under the penalty of nullity.
The principle of publicity in the oral trial allows guaranteeing fairness, transparency and impartiality. This is because anyone can attend the public hearing and witness everything that happens during the trial.
How is an oral trial developed?
The oral trial goes through different stages that are generally presented successively and is usually in the same audience. the procedure is the next
To start the oral trial The members of the Court and the parties must appear on the established date and time. At this stage the prosecutor presents a detailed summary of the facts and the parties' lawyers can decide to present opening statements or not.
At this stage, the interrogations that will be made to all the people summoned for the trial begin. The prosecuting lawyer is in charge of questioning the witnesses, then the defense lawyer has the right to cross-examination if necessary, the prosecuting lawyer can ask new questions.
The interested parties at this stage can present testimonies and evidence that demonstrate the innocence or guilt of the accused. These evidence or testimonies are admitted with prior authorization from the judge.
When an acquittal is issued, it means that the oral trial ends due to lack of sufficient evidence. Generally, the defense lawyer requests the sentence at this stage because he considers that there is no way to prove his client's guilt.
In the event that there is no acquittal, the defending party has the right to present witnesses and evidence for the defense. Many attorneys typically wait until this stage to present opening statements.
The accusers at this stage also have the right to present documents that allow the evidence provided to be invalidated.
At this stage, the parties present a final presentation where the evidence and aspects that reinforce their position are highlighted. When the parties present their final conclusions, the Judge asks them to respond if they maintain or change the allegations presented in their initial writings.
Before the end of the process, the defendant is given the opportunity to present his defense. This is a way of guaranteeing the essential right to defense and to be heard before being tried.
The next thing is to make the concluding statement and the approval for the sentence is given.
Constitution of the act
The minutes of the oral trial It is a document that describes everything that happened during the hearing, the evidence used, the resolutions, among others. This document can be replaced or completed through another means, but it must have the faith of the court clerk.
The minutes must be signed by the magistrates, the Judge, the tax attorney, the court secretary and the lawyers present.