El principle of orality in the proceedings civil Dominican implies that the procedural actions are carried out predominantly in crafts verbally, in public hearings before the judge. Although the proceedings civil Dominican is not completely oral administration, this principle has been gaining ground in recent years, seeking to streamline processes and make them more transparent.
Key Aspects of the Principle of Orality
- Immediateness: The judge has direct contact with the parties and the evidence, which allows him a better appreciation of the ///.
- Concentration: Procedural actions are concentrated in hearings, avoiding unnecessary delays.
- Advertising: The hearings are public, which guarantees the transparency of the process. proceedings.
- Contradiction: The parties have the opportunity to discuss their arguments and present evidence to the judge.
- Simplicity: The aim is to use clear and accessible language, avoiding excessive formalities.
Manifestations of Principle of Orality in the Procedure Civil law Dominican:
- Demand oral administration: although the demand is presented by written, plaintiff may ratify it orally at the first the hearing.
- Reply oral administration: el defendant can answer la demand orally in the first the hearing.
- Audience preliminary: In this the hearing, the parties may try to reach a conciliation agreement and the judge may solve procedural exceptions.
- Audience de fondo: in this the hearing, evidence is presented and closing arguments are made.
- Judgment oral administration: The judge can dictate sentences orally at the end of the the hearing de fondo, although later you must write it by written.
Advantages Principle of Orality
- Agility: reduces the times of proceedings by concentrating actions on hearings.
- Transparency: Public hearings allow for control citizen on administration de Justice.
- Efficiency: It facilitates the judge's immediacy with the parties and the evidence.
- Access to Justice: simplifies the proceedings and makes it more accessible to citizens.
Challenges in the Implementation of the Principle of Orality
- Infrastructure: Suitable courtrooms are required and technology for record of the performances.
- Training: judges, lawyers and other operators of the work deben estar trained for a proceedings oral administration.
- Legal culture: you need a cultural, of mentality to move from one work written one oral administration.
