What characterizes the adversarial criminal trial is that “evidence, and in particular witness statements, will be examined and cross-examined” (Bardales, E., (2014). p.168). “Once the evidence has been received, the President shall successively give the floor to the prosecution, the accused (if any) and the defence counsel to present their closing arguments. Then, the prosecution and defence lawyers will have the opportunity to reproduce and duplicate. (Bardales, E., (2014). p.168). At the end of the hearing, it says: “Finally, the defendant has the floor to express what suits him, and then the debate is declared closed.” (Bardales, E., (2014). p.168). Without leaving any room for imagination, the National Code of Criminal Procedure stipulates that it stipulates that “the obligation to denounce.
Anyone who is convinced that an act likely to constitute a criminal offence has been committed is obliged to report it to the Public Prosecutor`s Office and, in urgent cases, to any police officer. » (222. (2019). As the first responder, now in the prosecution and the oral criminal trial, “the police play a crucial role in preserving the crime scene and maintaining the evidence presented at the scene and its respective chain of custody.” (Iruegas, R., (2015). p. 67). The oral hearing phase is developed according to the sanctions, which may correspond to: General context of oral studies in Mexico. In summary, the hearing in the trial is subject to clear rules enshrined in the secondary order: “The judge presiding over the trial gives the floor to the party who proposed to the witness, expert or defendant to question him, and then to the other persons involved in the trial. always in accordance with the assigned order. The opposing party may immediately cross-examine the witness, expert or accused” (art. 372). CNPP).
The parties to the proceedings meet in one place: “The intermediate hearing takes place before the magistrate, the prosecutor, the accused, his defence and the victim, if he so wishes, and must be immediate, public, adversarial and continuous. It is conducted by the reviewing judge and prepared orally, each party making a summary presentation of its evidence. (Bardales, E., (2014). p.129). According to the principle of continuity, “the judge, after considering the evidence presented and hearing the parties who appeared at the hearing, has good reason to order that manifestly scandalous evidence be excluded from the presentation”. (Bardales, E., (2014). p.130). It should be noted that this step is the preparation of the hearing, here the evidence is cleaned, “The judge will exclude evidence from acts or procedures declared null and void and those obtained in violation of human rights and fundamental guarantees”.
(Bardales, E., (2014). p.130). And: “The conclusion of the intermediate phase takes place when, after the hearing, the inspection judge issues the order to open the oral procedure, which the Public Prosecutor`s Office deems admissible.” (Bardales, E., (2014). p.132). The hearing is the most important stage in criminal proceedings. At the end of the investigation and prosecution phase, the hearing takes place before another judge. In this case, the claims are formulated, all the evidence is proposed and practiced to support them. In this horizon of understanding, the constituent legislators attempted in 1917 to transform the inquisitorial penal system, in which all procedural questions met in the person of the judge, so that he was investigator, prosecutor and judge, director of the trial […], into a system of prosecutions, mainly through the figure of the public prosecutor, to which a new role has been given in criminal proceedings. (Sotomayor, J., (2012). p.2). All these efforts did not lead to a real change in practice, “the result was not that of a purely accusatory penal system, because it gave way to a mixed system that contained a combination of inquisitorial and adversarial system”.
(Sotomayor, J., (2012). 2). Romero, C. (2017). Manual of Interrogation and Cross-Examination Techniques in the Prosecution System. Colombia. Andrés Morales Legal Editions. There is no fixed time limit for the suspension of oral proceedings, except in abridged proceedings, which are 30 days. The hearing is at the heart of criminal proceedings. As soon as all the documents, witness statements or expert opinions have been collected for the public prosecutor, the hearing begins.
(III) The trial, which covers the period from the receipt of the order to commence the trial to the judgment of the court. (Art. 211e CNPP (2019). The hearing takes place consecutively, she is questioned and cross-examined: “Cross-examination is the second examination to which a witness may be subjected and is carried out by the opposing party`s lawyer after the witness has been subjected to direct examination by the author of the witness”. (Romero, C., (2017). p. 109). The principles governing the stage of oral proceedings are as follows: The hearing is held in the presence of all parties to the proceedings who are socially oriented and of an adversarial nature, all evidence is the subject of the question, in this case witnesses and experts, the victim or the accused, You can be questioned and cross-examined, in the indictment and oral criminal trial: “Interrogation is the art of questioning and investigating a source to obtain as much actionable information as possible.” (Romero, C., (2017). p. 65). In particular, at the hearing, “there are two ways of conducting an interrogation, the direct one, the one in which the person knows that he is being questioned and the indirect way in which the information is extracted without the knowledge of the person”. (Romero, C., (2017).
p. 66). The parties to the proceedings, in particular the prosecution, the defence and the prosecution, must not lose sight of the fact that “the purpose of each hearing is to obtain useful and reliable information as soon as possible”. (Romero, C., (2017). p. 66). It is clear from the wording of the Law: “The investigation of facts which have the characteristics of an offence may be initiated by means of a complaint, complaint or equivalent, if required by law.
