The oral trial process in criminal law

shetu24

The oral trial phase is the most important stage of a criminal procedure. After the investigation and accusation phases are completed, the oral trial takes place before a different judge. In this instance, claims are formulated, all evidence is proposed and carried out to substantiate. Likewise, it is the pleadings phase for the competent authority to issue a ruling. Depending on the circumstances, it is possible to have an oral trial behind closed doors. We can help you At Dexia Abogados we are lawyers specializing in procedural law . If you need an office with extensive experience in Criminal Law, contact us and find out without obligation . CONTACT US Principles in the oral trial phase in criminal law The principles that govern the oral trial phase are: Orality: the parties present their allegations orally, as well as the taking of evidence that accompanies other documents, evidence and reports. Immediacy and contradiction: implies the equality of both parties to evaluate the tests performed at the time and contradict the results or present new alternatives. Accusatory principle: which supposes limits for a fair trial.

Through this principle, a prior accusation is guaranteed so that an oral trial process can begin and the sentence is binding on the accusation, etc. Publicity : all actions carried out in the oral trial are public, not only with regard to the parties, but also to third parties not affected by the procedure with the exceptions provided for by Spanish regulations. Jurisdiction of the Court in the oral trial The oral trial takes place before a Court that is made up of a President and two magistrates. The Criminal Procedure Law establishes the functions of the President . Among the main ones are: Maintain DM Databases the order of the sessions: restore, call attention to people who disturb it and even request their departure from the room if necessary to guarantee an environment of respect and justice. Direct debates, avoiding arguments and without neglecting fair defense. Temporarily or permanently suspend assistance to the accused who insists on inappropriate behavior during the oral trial phase. Structure of the oral trial To have a better understanding of the entire oral trial process, it is convenient to know how it develops step by step.



Opening: the prosecutor presents a summary of the facts that will be discussed. The parties have the option of giving their opening statements or leaving it until the time of evidence in the oral trial. Direct examination : the prosecutor's attorney makes the oral presentation of the evidence and witnesses testify to support the accusation. In this same instance and by order there may be cross-examination and cross-examination. Acquittal sentence : the defense lawyer requests the judge to dismiss the case due to lack of evidence. Defense: if the acquittal is denied or not carried out, the lawyer will present the evidence that demonstrates the innocence of his client. It is not mandatory, but in the case of bringing witnesses, follow the steps identical to those outlined for the accusation. In a large number of cases, opening statements are presented at this stage. Final arguments: this is the moment in which the prosecutor and lawyers make a summary, in which each one strengthens the most beneficial points for their part before the jurors. Instructions. The judge instructs the jurors about the laws that apply in each case and the verdict must be based on these instructions.