Libro Segundo Título II. Procedimiento intermedio

Upon expiration of the time limit granted for the investigation, the prosecutor shall formulate the accusation and request the opening of the trial. The prosecutor may also request, if applicable, the dismissal of proceedings or the closure and the special avenue of the abbreviated procedure where appropriate pursuant to this Code. If the prosecutor has not done so before, the prosecutor may request the application of an opportunity criterion or the conditional suspension of criminal prosecution.

The intermediate stage is intended to allow the judge to evaluate whether or not there is a basis for subjecting a person to oral and public trial, based on the probability of their participation in a criminal act, or for verifying the grounds for the other requests of the Public Prosecutor's Office.

With the request to open to trial the accusation shall be formulated, which shall contain:

1)The information serving to identify or individualize the accused person, the name of his defense counsel and the indication of the place to notify them;

2)The clear, precise and circumstantial account of the punishable act attributed to him and its legal qualification;

3)The summarized grounds of the imputation, stating the means of investigation used and which establish the probability that the accused person committed the crime for which he is accused;

4)The legal qualification of the punishable act, reasoning the crime that each of the individuals has committed, the form of participation, the degree of execution and the applicable aggravating or mitigating circumstances;

5)The indication of the competent tribunal for the trial.

The Public Prosecutor's Office shall remit to the judge of first instance, with the accusation, the proceedings and material means of investigation that it has in its power and that serve to convince the judge of the probability of the participation of the accused person in the criminal act.

The Public Prosecutor's Office, in the event that at trial all or any of the facts underlying its principal legal classification are not proved, may alternatively indicate the factual circumstances that allow the conduct of the accused person to be framed within a different criminal offense.

In no case shall the Public Prosecutor's Office accuse without first having given the accused person sufficient opportunity to make a statement.

However, in simple cases in which it is not considered necessary to hear him in person, it shall suffice to grant him the opportunity to state his position in writing, without prejudice to his right to make a statement.

At the hearing scheduled by the Trial Court for that purpose, the accused and their defense counsel may, orally:

1)Point out the formal defects in the written accusation, requesting its correction;

2)Raise the defenses or obstacles to criminal prosecution and civil prosecution provided for in this Code;

3)Formulate objections or obstacles to the request of the Public Prosecutor's Office, seeking, even on those grounds, the dismissal of proceedings or closure.

At the hearing, the complainant or whoever has unsuccessfully sought to become one may:

1)Adhere to the accusation of the Public Prosecutor's Office, setting forth their own grounds or stating that they will not accuse;

2)Point out the formal defects incurred in the written accusation, requesting its correction;

3)Object to the accusation because it omits an accused person or any fact or circumstance of interest for the criminal decision, requesting its expansion or correction.

At the hearing, the civil parties shall specify in detail the damage arising from the crime whose reparation they seek. They shall also indicate, when possible, the approximate amount of the compensation or the manner of establishing it. Failure to comply with this provision shall be considered withdrawal of the action.

At the hearing, the accused, his defense counsel and the other parties may oppose the definitive admission of the complainant and of the civil parties, and raise the applicable defenses.

At the same hearing, they shall present the documentary evidence they seek to assert or indicate the means of investigation supporting their opposition.

The intermediate hearing has as its purpose to discuss the pertinence of the prosecutorial request.

Where an accusation is formulated, the facts alleged and the probability that they can be proven in the debate shall be discussed.

The order opening to trial shall state the grounds for the decision to bring a person to oral and public trial.

Where provisional closure is requested, the judge shall, in a reasoned manner, indicate the means of investigation pending to be carried out and shall set the day and time at which the future intermediate hearing is to be held, indicating the date for filing of the request, as established in Article 82 of this Code.

As to the other requests, their suitability and pertinence shall be considered.

Upon termination of the intervention of the parties referred to in the preceding article, the judge shall immediately decide on the issues raised, shall decide the opening of the trial or otherwise, the dismissal of proceedings, the closure of the procedure or the filing, by which the parties shall be deemed notified. If due to the complexity of the matter immediate decision is not possible, the judge may defer it for twenty-four hours, and for that purpose, in the same hearing, shall summon the parties.

The pronouncement issued by the judge before the parties in attendance shall have the effects of notification for all. A written copy of the decision shall be sent to the parties who did not attend.

The judge shall draw up a succinct record of the hearing for legal purposes.

The decision by which the judge decides to admit the accusation and open the trial shall contain:

1)The designation of the tribunal competent for the trial.

2)The modifications with which the accusation is admitted, indicating in detail the omitted factual circumstances that must form part thereof.

3)The specific designation of the facts for which the trial is not opened when the accusation has been filed for several facts and the judge admits it only partially.

4)The modifications in the legal qualification when departing from the accusation.

When the Public Prosecutor's Office has previously requested the dismissal of proceedings and closure, the judge may entrust the accusation to the complainant who objected to said request, provided that the complainant expresses interest in pursuing the trial to judgment, and without prejudice to the powers or duties corresponding to the Public Prosecutor's Office in the subsequent procedure.

The modified accusation or the new accusation of the Public Prosecutor's Office or of the complainant shall be notified to all those who have been granted definitive participation in the procedure.

Upon issuing the order admitting or rejecting the evidence, after prior coordination with the sentencing tribunal, the judge shall set the day and time for commencement of the trial hearing, which must be held within a time limit of not less than ten days nor more than fifteen, summoning all intervenors with the respective warnings.

Within five days of the setting of the trial hearing, any of the procedural subjects may request a hearing to recuse one or more judges of the tribunal, which must be held within the three days following the request. If any of the judges considers that he or she is subject to a ground for excuse, he or she shall invoke it within the same time limit; for such purpose, all intervenors shall be convened.

Once the corresponding notifications have been effected, the proceedings, the documentation and the seized objects shall be remitted to the seat of the tribunal competent for the trial, placing the accused at its disposal.