Criminal Trial Proceedings: Stages and Legal Framework

Posted on Dec 11, 2024 in Law & Jurisprudence

**Trial Proceedings**

**A. Order of Debate**

  • The trial to the time of criminal activity complex unit, this time is regulated.
  • The purpose of this policy, as taught by Leone, *shops 2 goals*: a) Coordinate and school activities of the parties and the judge to the final decision, and b) Ensure the tempest of their rights and powers to the parties.
  • Acknowledge the 1991 code, *3 sessions trial*

**1. Initial Period**

  • Procedures for opening the hearing and possible presence of proof of compliance.

**2. Probation Period**

  • Review of witnesses and experts, oralization of evidence, and possible means of examination or test of the accused.

**3. Making Period of Fiscal**

  • Oral allegation, allegations of the actor and the third civil counsel’s submission. Defender of the defendant, defendant’s self-defense, and sentencing.

**B. Record of Debate**

  • Intended, in the basics, to serve as a test original document remedy for contesting.
  • The record to include:
    1. What happened at the hearing and that once signed and authenticated
    2. The trial is void if not signed by the judge, the prosecutor, and the defense is not authorized by the secretary
    3. If there is no record of a session, the judgement is void
  • *The preparation of record, 1°* Drawing applies to authorized personnel records (official auxiliary of justice), *2°* Secretary of the control room will apply to write the minutes and to add to the file in 48 hours of the end conduct the procedure.
  • The Supreme Court, the minutes of the debates must include a clear and accurate summary of the prosecution and defense and everything that happens at the hearing.

**The Initial Period**

  • Set the hearing for the right notes and constitution of the relationship legal and procedural.
  • The opening of the hearing
  • Proof is in the pre-assistance to the hearing room of the main subject of the procedure of bodies of evidence cited and the availability of the items on the crime.
  • To be installed on a hearing, the mandatory presence is required of members of the court, the representative of the Minis. Public and the defendant’s defense attorney.
  • The reliability: Must set forth the number of process, the offense, the name of the grievance, the name, and other data of personal identity of the accused.
  • Physical location of the process subject: Your body your face policy of suing the defendant, fiscal, and your right to party civil defense and the left. Expert witnesses and occupy a room adjacent to the court
  • Mandatory attendance of the accused to debate, if you have to attend the hearing or if the time of installation this is not declared in contempt.

**B. Offer and Acceptance of Oral Evidence Act**

  • The order of trial no citation a single site process also subject to the appointment of witnesses and experts.
  • The absence of an expert witness or parties allowed to apply for the postponement of the hearing.

**C. The Act Complained of and Compliance.**

**C. 1. The Alleged Act**

  • Once installed the hearing, defined the presence of the parties and resolved the issue of probation activity, the next step is to give reading to charge tax, which is the base of the debate alleged act.

**C. 2. Conformity**

  • Procedural principles, which some authors are confined called the principle of opportunity. Leopoldo de la Puente, put it in a kind of third genre called the principle of consensus.
  • Compliance is a unilateral act of the accused, assisted by his justice, by which to produce the request quiet fiscal.
  • 2 Course under: 1 .- Whether the accused perpetrator or confesses the crime, the penalty is issued in the same or the next session, 2 .- If only accept the reality of the crime but not the amount of punishment and the civil service

**The Probationary Period**

  • More essential part of the debate. Proposed tests are accepted at the middle.
  • After this period begins to resolve issues related to the presence of the subject and presentation process main bodies and objects of testing and ends at the time that it is the fiscal fiscal indictment.
  • In the practice of evidence, governing the following: a) Probation performance is subject to the rules of contradiction, immediacy, concentration, publications, and documentation; b) The scheme of the practice test order is subject to default; c) The trial of practice before the court judgement.
  • In the examination, the base of the questions to be clear, direct, and accurate.
  • Order of events: a) Interrogation of the accused; b) examination of witnesses, c) Review of experts; d) Review of test instruments.
  • Questioning the bodies of evidence: a) Direct examination of the accused is initiated by the prosecutor, president, and other members of the peer, advocate, attorney. Civil part b) Examination of witnesses and experts, Turner, President, other schools, Fiscal, advocate, attorney. Civil part c) Review of test apparatus, reading begins with the same, base tax proposals of the civil part of the defendant, in that order.

**B. The Evidence**

  • Are: Statement of the accused, witness evidence, expert evidence, and exhibit. Less care or challenge, recognition, and judicial or inspection ocular parts and belief or objects or instruments of crime.
  • The care or challenge, not a means test properly but an extension of personal test.
  • The legal recognition or inspection eye is on the spot the standing court to describe the inspection place or thing. Budget; pre-exists ruins certain of its materials or instruments commission, or traces tracks not remain at the time of trial.

**B. 2. Declaration of Defendant**

  • Is the last test run.
  • The examination itself is undertaken only if the defendant had access to it.
  • If the defendant accepts the examination will be considered as the basis of its instructional statements made.

**B. 3. Oral Evidence**

  • Is the person before the judicial authority to declare under oath does know what she knows about the facts.
  • The statement of grievance is considered a more testimony.

**B. 4. The Examination**

  • 2 times: a) Expert activity a.1. Expert act a.2. The report or expert opinion; b) Examination (expert review endorsement or)
  • The only means to challenge or invalidate the expertise is to mention a trial to the experts and interrogated.

**B. 5. Documentary Evidence**

  • Completion of the examination of experts apply the review of the evidence of instrumental u oralization evidence.
  • Gimeno Sendra, *only be read can not play in the debate*: a) the advance test, b) Preliminary statement or instructor a witness or an expert who has died; c) Criminal records; d) Statement of recognized unruly or convicted; e) documentary evidence.
  • Reading of papers: First place will read and consider the evidence offered by the tax, then part of the civil and finally the accused.

**Making Period**

  • This for: 1 To allegations of fiscal and other parts of the procedure, the limit, the tax charge for prosecution and auto, 2 °, deliberation and sentencing in a public ceremony.

**A. Final Discussion**

  • Is the time of trial by process of the parties.
  • Clara Olmedo, time is a contradiction dialectical of the merits of the issues discussed and you work for the party.
  • Clara Olmedo, memorials or can not read notes, which prevents in moderation no case, be read rules legal summaries of law, short pieces of doctrine, documents fractions of the process or transactions entered numeric.
  • Order statement of the parties: Prosecutor, defense part of the civil defense of the accused, the third civil defense, defendant.

**A. 1. Fiscal Exposure**

  • *You have 3 options*: a) Oral indictment; b) To request an extension of time to make a charge amplifying c) Remove the indictment.
  • La b) and c) are treated as grounds for suspension of the trial.
  • The removal of the charge is only possible if you have occurred in the new evidence hearing on the status as amended above and not appreciated cabe sustain the retirement of the care taken in charge in debate.
  • *As to the oral allegation*: The prosecutor should consider stating facts proven at trial and the legal status. Turn imposed: a) A limitation on the oral; b) The need for a conclusion.
  • July Max Maier and Langer: Fiscal only conclusion is a written opinion on the charge.

**A. 2. Exposure of Civil Part**

  • Once the fiscal oral accusations, apply your time to party civil attorney.
  • Civil part is standing on the civil action ex delicto. The claim to be supporting confined to the respective laws for recovery, r reparative compensation.

**A. 3. Exposure of Three Civil Attorney**

  • Other privileges defendant claims ultimately, to answer that may complaints raised by the prosecution.
  • The claim of the attorney. The civil party is limited to agree or deny the obligation compensation.

**A. 4. Exposure of the Defendant’s Defense Attorney**

  • Last argument is technical, Clarie Olmedo, which should be clear, concrete, and specific in its conclusions.
  • *Applies to you*: a) Review of the elements of charge and discharge; b) Make the appreciation for legal and criminal acts and the law in defense of the interest of the defendant, c) concluded by requesting an acquittal or a lower penalty requested by the prosecutor.

**A. 5. The Self-Defense: The Law of Defendant’s Last Word**

  • Gimeno Sendra, is an activity of self-defense, is in direct and personal involvement in the process of imputed, making efforts to protect your freedom: Preventing the minimum sentence or get the possible criminal penalties.

**B. The Deliberations and Judgement**

  • The accused culminates use of the word begins when the final debate: The deliberations and issuance of the award.
  • Clario *Olmedo*, consists of *two essential steps*: 1 ° The deliberation and vote on the issues for decision as a result of the debate; 2 ° The statement and documentation of the judgement.
  • The issuance of the award will not delay for more than 24 hours.
  • Allow the suspension of the hearing for the issuance of the decision up to 1 business day.

**B. 1. Deliberation**

  • *Have 2 special features*: 1 Going to debate immediately without solution of continuity; 2 ° Is absolutely confidential or secret.
  • D solving issues of fact as well as to convict or acquit, a vast majority of votes. If any dissatisfaction of the penalty, he will proceed to a second vote, and if the dissatisfaction relapses, the penalty will the middle.
  • The question of fact to be raised questioned, may be absolved so each in a negative or positive.

**B. 2. The Statement and Documentation for Judgement**

  • Once you have voted the issues of fact apena yl, write the appropriate sentence.
  • Agreed judgement will reopen hearing may result to a business day after suspension occurred. Reopened hearing is first read the questions of fact and then the judgement. Completes the reading of fact and judgement of the applicable to ask the president and the tax is charged bring the remedy for contesting.
  • The civil and the third party may civil dispute in writing within one day after the sentence read.