3.- APERTURA DE LA AUDIENCIA. Ejemplo Práctico del Sistema Acusatorio en México.

Summary

This transcript provides a detailed walkthrough of the initial hearing in a criminal case, outlining the various steps taken before the hearing officially begins. It covers the process of verifying the presence of all parties, ensuring proper identification, and confirming the rights of the defendant. Additionally, it emphasizes the importance of proper procedure and respect during the hearing. The document also includes specific instructions on maintaining communication with the court, such as notifying any changes in address, and highlights the role of the prosecutor and defense in the initial stages of the trial.

Takeaways

• 😀 The process begins by verifying the presence of all required participants for the hearing.
• 😀 The 'encargado de sala' (courtroom manager) collects identifying details from the participants, including the accused.
• 😀 The accused has the right to request that their personal data not be publicly disclosed during the hearing.
• 😀 It is important to inform the accused about their right to privacy regarding their personal information and data.
• 😀 The session is formally opened once all the necessary details are verified, including the technical setup.
• 😀 The judge presides over the hearing after being briefed by the courtroom manager on all required information.
• 😀 The 'encargado de sala' makes an announcement about the case and asks the participants to maintain respect and order during the session.
• 😀 The judge requests identification from all parties and verifies that the accused understands their rights.
• 😀 The public is reminded that any lack of respect or order could lead to disciplinary measures, including possible corrections.
• 😀 The courtroom process includes a clear procedure for verifying the accused's understanding of their rights and any legal assistance they may have.

Q & A

What is the role of the encargado de sala (courtroom official) before the audience begins?

The encargado de sala ensures that all participants are present, verifies their identities, collects necessary personal and contact information, and checks if the recording systems are ready for the session.

Why does the encargado de sala collect personal information from the defendant?

The encargado de sala collects personal information to ensure proper identification and communication for future notifications. The defendant may request that their information remains private, which will be respected.

What is the purpose of the announcement made by the encargado de sala before the audience begins?

The encargado de sala announces the case details, including the cause number and date, and reminds everyone to maintain order and respect during the audience. This ensures that the session is formally structured.

What is the first action taken by the judge when they enter the courtroom?

The judge requests that all participants identify themselves and confirm their contact details for future notifications. This is part of the formal procedure before the session proceeds.

Why is the defendant's desire to keep their personal data private significant?

If the defendant wishes to keep their personal data private, it is important because it helps protect their privacy. However, they must also ensure the court can contact them at the right address for official notifications and court proceedings.

What does the judge verify regarding the defendant before the audience proceeds?

The judge verifies that the defendant has been informed of their rights and has understood them. If the defendant hasn't understood, the judge ensures that the rights are explained in detail.

What happens if the defendant's address changes during the trial process?

If the defendant's address changes, they are required to notify the court. This ensures that the defendant can be properly contacted and notified of future proceedings, and failure to attend after proper notice can lead to legal consequences.

What reminder does the judge give to the public and participants regarding behavior during the session?

The judge reminds everyone to maintain respect, order, and decorum during the session. Any disruption could result in disciplinary actions, in line with the legal provisions in the national code.

What is the responsibility of the prosecutor during the initial audience?

The prosecutor's responsibility is to justify the legality of the defendant’s detention, ensuring that it adheres to legal requirements and is properly documented for the court.

What might happen if the defendant does not show up for a scheduled court session?

If the defendant does not attend a session after being properly notified, the prosecutor can request an arrest warrant, leading to the defendant's detention.