El judgment of fondo It is the crucial stage in the proceedings penal Dominican where they seek to determine the truth and apply Justice. In this phase, the parties present their arguments and evidence before a Tribunal, which after an exhaustive analysis, issues a verdict.
Main features of the trial of fondo:
- Orality: It is mainly developed from crafts oral administration, allowing immediacy between the Tribunal, the parties and the evidence.
- Contradictory: both parties, the prosecution and the defense, have the opportunity to present their arguments and contradict those of the counterpart.
- Advertising: In general, trials are public, guaranteeing transparency and fairness. scrutiny citizen.
- Concentration: It is sought that the trial be held in the less number of possible sessions, avoiding unnecessary delays.
- Immediacy: el Tribunal must have direct contact with the parties and the evidence, for a better appreciation of the acts.
Stages of the trial of fondo:
- Opening from the debate: the judge or Tribunal declares the debate open and verifies the presence of the parties.
- Reading of the accusation: The accusation is read, detailing the acts punishable offenses charged to the accused.
- Declaration of the accused: the accused has right to declare or to save silence.
- Presentation Of the tests: Both parties present their evidence, which may be testimonials, documentaries, expert reports, etc.
- Closing arguments: The parties present their conclusions and request the Tribunal a sentences favorable.
- Deliberation y sentences: El Tribunal He withdraws to deliberate and subsequently issues his opinion sentences, which may be condemnatory or acquittal.
Importance of the trial of fondo:
- Warranty of due proceedings: allows the accused to exercise his right to defense already a fair trial.
- Search for the truth: through presentation of evidence and arguments, we seek to reconstruct the acts and determine the responsibility of the accused.
- Application of the Justice: el Tribunal, based on the law and the evidence, decides whether the accused is guilty or innocent, and in /// of being guilty, imposes the penalty .
- Social function: the judgment of fondo It has a pedagogical and deterrent function, showing the society the consequences of committing crimes.
Marco Legal
Constitution of the Republic Dominican:
- Article 69: guarantees the right to a trial public, oral administration and contradictory.
- Article 74: establishes the presumption of innocence and the right to defense.
Dress Procedural Criminal law (Act No. 76-02):
- Articles 304 to 343: regulate the development of the trial oral administration.
- Article 339: defines the stages of trial: opening, presentation of evidence, allegations, deliberation y sentences.
