The development of the trial in the Code Procedural Criminal law It is governed by the principle of continuity, the trial must be held in a single to date, and if not possible, the debate must continue for the consecutive days that are necessary until its conclusion (art.315). The trial can be develop continuously by designing the stages prior to the trial. The first thing to take into account account is that only those cases in which a trial is not possible should go to trial. solution alternative (opportunity criterion, conciliation o suspension conditional of the proceedings). The second is that the cases must come to trial clearly delimited and specified, so that the trial is carried out at the display and reproduction of the means of proof and defense before the judge, and he to the application of the Act.
Precisely, to the conclusion of the proceedings preparatory, in /// that him Ministry Public present your accusation, it must be examined by a Judge of Instruction in a The hearing preliminary. If the accusation is admitted, in the resolution issued by the Judge ordering the opening to trial, this is delimited by specifying the parties, the violation or violations for which it is going to be tried. judge to the accused, the means of proof and defense. In addition, prior to the trial, the Code Procedural Criminal law It provides for a preliminary stage called “Preparation for the Debate”.
In this, the parties, after the call For the holding of the trial, they must present the exceptions and incidents that are based on acts new ones, as well as the challenges that the parties wish to assert. The Judge must resolve them all in a single act or defers them to fail them in the sentences. This decision is not appealable. (art.305). Both the The hearing preliminary as the preliminary preparation of the debate, they clear such crafts el /// that prevent judgment from deviating from its object ( judge to the accused and establish his degree of responsibility penal or not regarding the accusation made against him) for a pending incident of proceedings and postponements.
Despite the above, the Code Procedural Criminal law It contemplates several causes of suspension of the trial, which can be done only once and for a period of time. Plazo maximum of 10 days. In /// that this happens Plazo without the resumption of the debates, the trial is interrupted, which is equivalent to not started, and all the acts must be performed again from the beginning. principle.
El Code Procedural Criminal law It contemplates the following causes of suspension (Art.315):
1) To solve a question incidental or practice some act o diligence out of the DINING of audiences;
2) by lack de appearance of witnesses, experts or interpreters considered by the Tribunal indispensable;
3) because the judges, the accused, his defender, the representative of the Ministry Public, are unwilling to continue the debate;
4) in /// de death o lack final of a judge, ministry public o defender;
5) at the request of the Ministry Public a Plazo to expand the accusation;
6) at the request of the defender to prepare the means of defense in cases where the accusation has been expanded;
7) when substantial changes occur in the object of the cause and a research supplementary by virtue of any revelation or retraction unexpected.
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