Libro Segundo Título III. Juicio

Upon receipt of the case file, the administrative unit of the tribunal 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 (10) days nor more than fifteen (15) days.

Within this time limit, the tribunal may order, at the request of a party, to receive testimony from the organs of evidence which, due to some obstacle difficult to overcome, are presumed unable to attend the debate, to advance the expert procedures necessary to report therein, or to carry out the evidentiary acts that would be difficult to perform at the hearing or that do not admit delay. In such cases, the advance taking of evidence may be conducted by videoconference or other electronic means under the conditions regulated by articles 317 and 318 of this Code.

Within five (5) 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 (3) days following the request. If any of the judges considers that he or she incurs grounds for excuse, he or she shall invoke it within the same time limit; for such purpose all participants shall be summoned to a hearing.

The tribunal may order, on its own initiative or at the request of a party, a supplementary investigation within the eight days indicated in the preceding article, in order to receive statements from the organs of evidence who, due to some obstacle difficult to overcome, are presumed unable to attend the trial, to advance the expert procedures necessary to report therein, or to carry out the evidentiary acts that would be difficult to perform at the hearing or that do not admit delay.

For such purpose, the tribunal shall designate who shall preside over the ordered instruction.

In this case, the testimonial statement that warrants and justifies it shall be received as advance taking of evidence by videoconference or other electronic means under the conditions regulated by articles 317 and 318 of this Code.

In this latter case, the provisions of articles 218 BIS and 218 TER of this Code shall be observed.

If various accusations have been filed for the same punishable act attributed to several accused persons, the tribunal may order the joinder on its own initiative, or at the request of some of the parties, provided that this does not cause a serious delay of the procedure.

If the accusation concerns several punishable acts attributed to one or more accused persons, the tribunal may order, in the same manner, that the trial hearings be held separately, but, where possible, continuously.

Due to the seriousness of the crime, at the request of the Public Prosecutor's Office or defense counsel, the tribunal shall divide the single debate, addressing first the question of the guilt of the accused and, subsequently, that relating to the determination of the applicable penalty or security and correction measure. Announcement of the division shall be made no later than at the opening of the debate.

In this case, upon conclusion of the first part of the debate, the tribunal shall decide the question of guilt and, if the decision permits the imposition of a penalty or security and correction measure, it shall set the day and time for continuation of the debate on this question.

For the decision of the first part of the debate, the corresponding judgment shall be issued, which shall be implemented by an interlocutory decision on the imposition of the penalty, where applicable.

The debate on the penalty shall begin on the next business day with the receipt of the evidence offered to individualize it, continuing thereafter in accordance with the common rules. The time limit for appealing the conviction judgment shall run from the moment the penalty is fixed.

When the civil action is exercised, the tribunal shall decide it in the same hearing set for the fixing of the penalty.

The trial shall be conducted with the uninterrupted presence of the judges called upon to render the judgment, the Public Prosecutor's Office, the accused, his defense counsel and the other parties or their agents under a mandate.

The accused may not leave the hearing without permission of the tribunal. If after his statement he refuses to attend, he shall be held in custody in a nearby room and represented by his defense counsel.

If defense counsel fails to appear at the trial or leaves the hearing, the defense shall be considered abandoned and his replacement shall be carried out.

If the civil plaintiff or the complainant fail to attend the trial, or leave the hearing, their interventions shall be deemed abandoned, without prejudice to their being compellable to appear as witnesses.

If the third-party civil defendant fails to appear or leaves the hearing, the trial shall proceed as if he were present.

The accused shall attend the hearing free in his person, but the president may order the surveillance and precaution necessary to prevent his escape or acts of violence.

If the accused is at liberty, the tribunal may order, in order to ensure the holding of the trial or of a particular act forming part thereof, his conveyance by the public force and even his detention, determining in this case the place where it must be served. It may also vary the conditions under which he enjoys liberty or impose any substitutive measure.

The trial shall be public, but the tribunal may decide, even on its own initiative, that it be held, totally or partially, behind closed doors, when:

1)It directly affects the decency, life or physical integrity of any of the parties or of a person summoned to participate in it.

2)It gravely affects public order or State security.

3)An official, private, commercial or industrial secret, whose improper disclosure is punishable, is endangered.

4)It is specifically provided for.

5)A minor is examined, if the tribunal considers publicity inadvisable, because it exposes him to danger.

The decision shall be reasoned and shall be entered in the record of the trial. The tribunal may impose on those who participate in the proceeding the duty to maintain confidentiality regarding the facts they witnessed or learned, a decision which shall be entered in the record of the trial.

Once the cause for the closure has disappeared, the public shall again be admitted.

Access shall be denied to minors under sixteen years of age, not accompanied by an adult who will answer for their conduct, or to any person who appears in a manner incompatible with the seriousness of the hearing.

The president of the tribunal may limit the admission of the public to a specified number of persons, according to the capacity of the hearing room.

The president of the tribunal shall exercise the power of discipline over the hearing. The president may also:

1)For reasons of order, hygiene, decorum or effectiveness of the trial, order the removal of persons whose presence is not necessary.

2)Summarily punish the violations committed, with arrest of up to five days or a fine, without prejudice to expelling the offender from the hearing room.

The measure shall be ordered by the tribunal if the offender is the representative of the Public Prosecutor's Office, the accused, his or her defense counsel, the complainant, the civil parties, or their agents under a mandate.

If those expelled are the Public Prosecutor's Office or the defense counsel, a substitute shall mandatorily be appointed.

If they are the civil parties or the complainant, they may appoint a substitute and, if they do not do so, their interventions shall be deemed abandoned.

If it is the accused, the hearing shall continue with the defense counsel.

Those attending the hearing shall remain respectfully and in silence while they are not authorized to speak or must answer the questions put to them. They shall not bring photographic cameras, video cameras or recorders, weapons or other items capable of disturbing or offending, nor engage in intimidating, provocative or indecorous behavior, nor cause disturbances or express in any manner opinions or feelings.

The debate shall continue throughout all consecutive hearings as may be necessary until its conclusion. It may be suspended for a maximum time limit of ten days, only in the following cases:

1)To decide an incidental issue or to perform any act outside the hearing room, even when an unexpected revelation makes supplementary investigation indispensable, provided that it is not possible to carry out the acts in the interval between two sessions.

2)When witnesses, experts or interpreters fail to appear and it is impossible and inadvisable to continue the debate until they are made to appear by the public force.

3)When any judge, the accused, their defense counsel or the representative of the Public Prosecutor's Office becomes ill to such an extent that they cannot continue to intervene in the debate, unless the latter can be immediately replaced.

4)When the Public Prosecutor's Office requires it in order to extend the accusation or the accused or their defense counsel so request after the accusation has been extended, provided that, due to the characteristics of the case, it cannot be continued immediately.

Exceptionally, the tribunal may order the suspension of the debate, by reasoned decision, when any catastrophe or any similar extraordinary event renders its continuation impossible.

The tribunal shall decide the suspension and shall announce the day and time on which the hearing shall continue; this shall serve as summons for those who must intervene. Before commencing the new hearing, the president of the tribunal shall briefly summarize the acts previously carried out.

The president shall ensure that the debate does not extend beyond working hours; he shall order daily adjournments indicating the day and time at which it shall continue, except for exceptions objectively qualified by the tribunal.

If the trial is not resumed no later than the eleventh day after the suspension, it shall be considered interrupted and must be held anew, from its commencement. The default or incapacity of the accused shall interrupt the trial, unless the impediment is remedied within the time limit provided for in the preceding paragraph.

The continuity of the trial shall not be deemed affected where it has been suspended or interrupted due to the filing of constitutional relief (amparo) actions or of actions, defenses or incidents relating to the unconstitutionality of a law. The sentencing tribunal shall decide the principal matter within the five days following the date on which the issue raised becomes final or the corresponding certification of final judgment is received, as applicable.

The trial shall be oral. In that form shall be produced the statements of the accused, of the organs of evidence and the interventions of all persons participating therein. The decisions of the tribunal shall be issued verbally, with all deemed notified upon their issuance, but they shall be recorded in the record of the trial. Likewise, proceedings may also be conducted in accordance with the third paragraph of Article 142 of this Code, insofar as applicable.

Those who are unable to speak or are unable to do so in the official language shall formulate their questions or answers in writing or through interpreters, with the questions or answers being read or narrated at the hearing.

The deaf accused and the accused who is unable to understand the official language shall be assisted by an interpreter to convey to him the content of the acts of the trial. Likewise, proceedings may also be conducted in accordance with the third paragraph of Article 142 insofar as applicable.

Only records and reports may be incorporated by their reading when:

1)It involves the incorporation of a record of the statement of a witness or when testimony at the trial is impossible or manifestly useless.

2)The parties express their agreement when the admission of the evidence is ordered or consent thereto upon the failure to appear of the witness whose summons was ordered.

3)Statements that were rendered by rogatory letter or report, and when the act was set down in writing pursuant to legal authorization.

The tribunal may order, even on its own initiative, the reading:

1)Of the expert opinions, provided they have been carried out in accordance with the rules of definitive and unrepeatable acts or of supplementary investigation, without prejudice to the power of the parties or of the tribunal to require the statement of the expert at the trial.

2)Of the statements of the witnesses who have died, are absent from the country, whose residence is unknown or who, due to an insurmountable obstacle, cannot testify at the trial, provided that such statements were received in accordance with the rules of definitive and unrepeatable acts.

3)The complaint, the documentary or report evidence, the confrontations and the records of inspection, domiciliary search, personal search, and identifications to which the witness referred in their statement during the trial.

4)The statements of accused persons declared in default or convicted as participants in the punishable act subject to the trial.

Witnesses or experts who cannot attend the trial due to a justified impediment shall be examined at the place where they are found, by the judges of the tribunal or by commission to another judge, as applicable. The parties may participate in the proceeding.

If the witness resides abroad or due to an insurmountable obstacle is unable to attend the trial, the foregoing rules may be carried out by means of a supplicatory writ, letter rogatory or request, the parties being able to designate who will represent them before the commissioned judge or to submit in writing the questions they wish to ask. Likewise, the statement may be taken through videoconference or any other audiovisual means, in accordance with the provisions of this Code.

Likewise, the tribunal may decide that testimonial statements be given through videoconferences or other audiovisual means, the proceeding to be conducted as stipulated in this Code.

The president shall direct the debate, shall order the pertinent readings, shall make the corresponding warnings, shall require the solemn oaths, shall moderate the discussion, preventing impertinent digressions or those that do not lead to the clarification of the truth or are not admissible, without thereby restricting the exercise of the prosecution and the liberty of defense.

If an order of the president is objected to as inadmissible by any of the parties, the tribunal shall decide.

If during the trial a minor offense or crime is committed, the tribunal shall order a record to be drawn up with the corresponding details and shall have the alleged guilty party detained, forwarding a copy of the necessary background materials to the Public Prosecutor's Office so that it may proceed in accordance with the Law.

The same procedure shall be followed in the case of a minor offense, without prejudice to the liberty of the accused person.

On the day and time set, the tribunal shall convene at the place designated for the hearing. The president shall verify the presence of the Public Prosecutor's Office, of the accused and his defense counsel, of the victim or aggrieved party and of the other parties that have been admitted, and of the witnesses, experts or interpreters who are to take part in the debate. The president of the tribunal shall declare the debate open, warning the accused about the importance and meaning of what is about to happen and the attention he must pay in the hearing. He shall immediately grant the floor, in that order, to the prosecuting party and the defense to present their opening arguments.

All incidental questions that may arise shall be addressed in a single act, unless the tribunal decides to address them successively or to defer any of them, as suits the order of the debate.

In the discussion of the incidental questions, the floor shall be granted a single time, for the time established by the president, to the Public Prosecutor's Office, to defense counsel and to the attorneys for the other parties.

After the opening of the debate or after the incidental questions have been resolved, the president shall explain to him in clear and simple words the act attributed to him, and shall warn him that he may refrain from testifying and that the debate shall continue even if he does not testify. He shall allow him, in principle, to freely state whatever he deems appropriate concerning the accusation. The Public Prosecutor's Office, the complainant, defense counsel and the civil parties may question him, in that order. The members of the tribunal may then do so if they deem it advisable.

If the accused refrains from testifying, in whole or in part, or incurs contradictions with respect to prior statements, which shall be brought to his attention, the president shall order, on its own initiative or at the request of a party, the reading of those same statements, provided that the pertinent rules were observed in them. Following his statement and in the course of the debate, questions intended to clarify his situation may be put to him.

If there are several accused, the president may remove from the hearing room those who are not testifying at that time, but after all the statements he shall summarily inform them of what occurred during their absence.

In the course of the debate, the accused may make all statements he considers pertinent, even if he had previously abstained, provided they refer to the subject matter of the debate. The president shall prevent any digression and, if he persists, may propose to the tribunal to remove him from the hearing. The accused may also speak with his defense counsel, without the hearing being suspended thereby, for which purpose they shall be placed, to the extent possible, next to each other; he may not do so during his statement or before answering questions put to him. At that time no suggestion whatsoever shall be admitted.

During the debate, the Public Prosecutor's Office may expand the accusation, by including a new fact or a new circumstance that had not been mentioned in the accusation or in the order opening the trial and that modifies the legal classification or the penalty for the same fact subject to the debate, or integrates criminal continuity.

In such case, with respect to the facts or circumstances attributed in the expansion, the president shall proceed to receive a new statement from the accused and shall inform the parties that they have the right to request suspension of the debate to offer new evidence or prepare their intervention. When this right is exercised, the tribunal shall suspend the debate for a time limit that it shall set prudently, according to the nature of the facts and the need of the defense.

The facts or circumstances to which the expansion refers shall be included in the imputation.

The president of the tribunal shall warn the parties of the possible modification of the legal classification, who may exercise the right set forth in the preceding article.

After the statement of the accused, the president shall proceed to receive the evidence in the order indicated in the following articles, unless the president considers its alteration necessary.

The president shall have the conclusions of the opinions submitted by the experts read. If they have been summoned, they shall answer directly the questions put to them by the parties, their attorneys or technical consultants and the members of the tribunal, in that order and beginning with those who offered the means of evidence. If it proves convenient, the tribunal may order that the experts be present at the acts of the trial.

These provisions are applicable, as pertinent, to interpreters.

Immediately, the president shall proceed to call the witnesses, one by one. He shall begin with those offered by the Public Prosecutor's Office; he shall continue with those proposed by the other parties and shall conclude with those of the accused and those of the third party civil defendant. The president, however, may alter this order when he deems it appropriate for the better clarification of the facts.

Before testifying, the witnesses shall not communicate with each other, nor with other persons, nor see, hear, or be informed of what occurs in the trial. After doing so, the president shall decide whether they shall remain in the anteroom.

If it were essential, the president may authorize the witnesses to be present at acts of the trial. Confrontations may be carried out between witnesses or between the witness and the accused or reconstructions.

The president shall identify the witness by his name and the personal document that validly identifies him, and shall immediately give the floor to the party that proposed him to examine him on suitability, facts and appearance before the tribunal; he shall then give the floor to the other procedural subjects to examine or cross-examine him.

The president of the tribunal shall moderate the questioning and shall not allow the witness or expert to answer captious and impertinent questions. The decision adopted on that matter shall be appealable, the tribunal deciding immediately.

When an expert or witness duly summoned has failed to appear, the president of the tribunal shall order whatever is necessary to compel appearance by the public force. If such person is unable to attend and it is not possible to wait until the obstacle is overcome or suspension of the hearing is not deemed advisable, the president shall designate one of the members of the tribunal so that the statement is taken where the person to be questioned is located. All parties may participate in the act, pursuant to the foregoing rules.

A record shall be drawn up, as detailed as possible, which shall be signed by those who participate in the act, if they so wish, and which shall be introduced into the trial by reading it.

If the witness resides abroad or due to some insurmountable obstacle is unable to attend the trial, the foregoing rules may be complied with by means of a supplicatory writ, letter rogatory or requisition, the parties being able to designate who shall represent them before the commissioned authority or to submit in writing the questions they wish to ask. Likewise, the statement may be taken by videoconference or any other audiovisual means, as stipulated in this Code.

Documents shall be read and exhibited in the trial, with indication of their origin. The tribunal, exceptionally, with the agreement of the parties, may dispense with the full reading of documents or written reports, or with the full reproduction of a recording, disclosing its essential content and ordering its partial reading or reproduction. Seized objects and other elements of conviction shall be exhibited in the trial. Recordings and audiovisual elements of evidence shall be reproduced at the hearing, in the customary manner.

All elements of conviction may be presented to the experts and to the witnesses during their statements, to invite them to recognize them or to report whatever may be pertinent.

If an inspection or a reconstruction is necessary to ascertain the facts, the tribunal may order it, even on its own initiative, and the president shall order the measures necessary to carry out the act. If the act is performed outside the place of the hearing, the president shall summarily report on the proceedings carried out.

The tribunal may order, even on its own initiative, the reception of new means of evidence, if in the course of the debate they prove indispensable or manifestly useful for clarifying the truth. In this case, the hearing shall be suspended at the request of any of the parties for a time limit of no more than five days.

It may also summon the experts if their opinions prove insufficient. The necessary expert operations shall be performed at the same hearing, when possible.

Upon completion of the reception of the evidence, the president shall successively give the floor to the Public Prosecutor's Office, to the complainant, to the civil plaintiff, to the defense counsel for the accused and to the attorneys for the third party civil defendant, so that, in that order, they present their conclusions.

The civil parties shall limit their presentation to points concerning civil liability. At that time, the civil plaintiff must conclude, setting forth their claim for the judgment, including, where applicable, the amount of compensation. However, they may leave the estimation of the compensatory amount for the procedure for execution of the judgment.

If two representatives of the Public Prosecutor's Office or two attorneys for any of the other parties intervene, they shall agree as to which of them will use the floor.

Only the Public Prosecutor's Office and the defense counsel for the accused may reply; the last word shall correspond to the latter. The reply must be limited to refutation of adverse arguments that have not previously been the subject of the presentation.

In case of manifest abuse of the floor, the president shall call the speaker to attention, and, if the speaker persists, may prudently limit the time for the presentation, taking into account the nature of the facts under examination, the evidence received and the questions to be resolved. Upon expiration of the time limit, the speaker must present their conclusions. The omission shall imply non-performance of the function or unjustified abandonment of the defense.

If the aggrieved person who reported the act is present, the floor shall be granted to them, if they wish to speak. Finally, the president shall ask the accused if they have anything further to state, granting them the floor, and shall close the debate.

Immediately after the trial is closed, the judges who have participated in it shall proceed to deliberate in secret session, which only the secretary may attend.

The Sentencing Peace Judge, when conducting the analysis and assessment of the evidence produced during the trial, if deemed necessary, may order the reopening of the trial as established in the following article.

If the tribunal deems it essential, during deliberation, to receive new evidence or to expand the evidence already admitted, it may order, for that purpose, the reopening of the debate. Once the reopening has been ordered, the parties shall be summoned to the hearing, and the urgent summons of those who are to give statements or the performance of the corresponding acts shall be ordered. The final discussion shall be limited to the examination of the new elements. The hearing shall be held within a period not exceeding eight days.

For deliberation and voting, the tribunal shall assess the evidence in accordance with the rules of reasoned sound judgment and shall decide by majority vote.

The decision shall address acquittal or conviction. If the civil action has been brought, it shall declare the claim well-founded or without merit, as appropriate.

The Sentencing Peace Courts shall observe, to the extent applicable, the provisions of the preceding paragraph.

The issues shall be deliberated, following a logical order in the following manner: preliminary issues; existence of the crime; criminal liability of the accused; legal classification of the crime; penalty to be imposed; civil liability; costs, and any other matters indicated by this Code or other laws. The subsequent decision shall address acquittal or conviction. If the civil action has been exercised, it shall admit the claim in the corresponding manner or reject it.

The Peace Sentencing Courts shall observe, to the extent applicable, the provisions of the preceding paragraph.

The members shall vote on each of the questions, whatever the sense of their vote on the preceding ones may have been, deciding by simple majority. The judge who disagrees may state reasons for his vote.

All the judges shall deliberate and vote on the criminal sanction or the security and correction measure. Where there is the possibility of applying different classes of penalties, the tribunal shall deliberate and vote, in the first place, on the type of penalty to be applied, deciding by majority vote.

This article is not applicable to proceedings within the competence of the Sentencing Justice of the Peace.

The judgment may not deem proven facts or circumstances other than those described in the accusation and in the order opening the trial or, where applicable, in the extension of the accusation, except when it favors the accused.

In the judgment, the tribunal may give the act a legal classification different from that of the accusation or that of the order opening the trial, or impose greater or lesser penalties than that requested by the Public Prosecutor's Office.

The judgment shall contain:

1)The mention of the tribunal and the date on which it is issued; the first and last name of the accused and the other data that serve to determine their personal identity; whether the accusation corresponds to the Public Prosecutor's Office; if there is an adhesive complainant, their first and last names. When the civil action is exercised, the first and last name of the civil plaintiff and, as the case may be, of the third-party civil defendant.

2)The statement of the facts and circumstances that have been the subject of the accusation or of its extension, and of the order opening the trial; the damage whose reparation is claimed by the civil plaintiff and their reparatory claim.

3)The precise and detailed determination of the fact that the tribunal deems proven.

4)The reasoning that leads the tribunal to convict or acquit.

5)The operative part, with mention of the applicable legal provisions; and

6)The signature of the judges.

The acquittal judgment shall be deemed free from the charge in all cases. It may, according to the circumstances and the seriousness of the crime, order the liberty of the accused, the cessation of the restrictions provisionally imposed and shall rule on costs. It shall apply, where applicable, security and correction measures.

For security and correction measures and registrations, the following article governs.

The judgment of conviction shall fix the applicable penalties and security and correction measures. It shall also determine the conditional suspension of the penalty and, when appropriate, the obligations to be complied with by the convicted person and, as applicable, shall unify the penalties, when possible.

The judgment shall also decide on costs and on the delivery of the seized objects to whomever the tribunal considers to have the better right to possess them, without prejudice to the corresponding claims before the competent tribunals; it shall also decide on confiscation and destruction, as provided in the criminal law.

When the judgment establishes the falsity of a document, the tribunal shall order that a marginal note on the falsity be entered thereon, indicating the tribunal, the procedure in which the judgment was issued and the date of its pronouncement. When the document is entered in an official register, or when it determines a record or its modification therein, entry in the register shall also be ordered.

When the civil action has been exercised and the claim has been maintained until the judgment, whether of conviction or acquittal, it shall expressly rule on the matter, fixing the manner of restoring things to the previous state or, where applicable, the corresponding compensation.

The defects of the judgment that allow the special appeal are the following:

1)That the accused or the civil parties are not sufficiently individualized.

2)That the statement of the imputed facts or the statement of the damage and the claim for reparation of the civil plaintiff is missing.

3)If the reasoning of the votes cast by the majority of the tribunal is missing or contradictory, or the rules of sound reasoned criticism have not been observed therein with respect to means or evidentiary elements of decisive value.

4)That the operative part is missing or is incomplete in its essential elements.

5)That the date or the signature of the judges is missing, as provided in the preceding articles.

6)The non-observance of the rules provided for the drafting of judgments.

Whoever performs the function of secretary during the debate shall draw up a record, which shall contain, at least, the following particulars:

1)Place and date of commencement and completion of the hearing, with mention of the suspensions ordered and the resumptions.

2)The first and last names of the judges, of the representatives of the Public Prosecutor's Office, of the accused and of the other parties who participated in the debate, including defense counsel and agent.

3)The course of the debate, with mention of the first and last names of the witnesses, experts and interpreters, clarifying whether they gave the solemn oath required by law before their testimony or did not do so, and the reason therefor, identifying the documents read during the hearing.

4)The final conclusions of the Public Prosecutor's Office, of defense counsel and of the other parties.

5)Compliance with essential formalities, stating whether proceedings were conducted publicly or publicity was excluded, totally or partially.

6)Other matters provided for by law, or those that the president orders on his own initiative or at the request of the other judges or parties, and the objections for annulment; and

7)The signatures of the members of the tribunal and of the secretary.

The tribunal may order the stenographic version or the total or partial recording of the debate, or that, at the end of any testimony or opinion, the essential part thereof be summarized, in which case the record shall state the order of the tribunal and the manner in which it was carried out. The stenographic version, the recording or the summary shall form part of the acts of the debate.

The record shall be read immediately after the judgment before the persons appearing, whereby it shall be deemed notified; the tribunal may replace its reading with the delivery of a copy to each of the parties, in the same act; at the foot of the record, a notation shall be made of the manner in which it was notified.

The record shall demonstrate, in principle, the manner in which the debate was conducted, the observance of the formalities provided for it, the persons who intervened and the acts that were carried out.