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Oral trials in criminal matters in the state of Puebla, Mexico

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Anonim

Are oral trials the most convenient in criminal matters in the state of Puebla?

The judgment in definition of Rafael Pina Vara, is "in its proper sense, it is the action and effect of judging, a substantial operation of the jurisdiction, that is, the application of the Law in the specific case"

While the oral trial is defined by Miguel Carbonell as "the method used in Law, with the effect of judging, arguing and verifying, through the use of speech to a specific case, in order to obtain a final verdict." In this the use of confrontation and rebuttal is carried out for the best result.

For a good analysis we will locate ourselves in a very well defined geographic space which is the State of Puebla, one of the most important countries in the Mexican Republic.

Oral trials are a new implementation throughout the Mexican Republic, there are few states in which the exercise of oral trials is in force and is applicable, in the State of Puebla they are not yet implemented, their application in the accusatory system is very near. Here are some cases of oral trials in other states:

“At 10:30 in the morning, on January 27, 2015, within the framework of the new accusatory criminal justice system, the first oral trial began in which the degree of guilt will be determined, for the crime of wrongful death., by Francisco Javier Gutiérrez Aguilar, who over the weekend ran over a group of cyclists, one of whom lost his life ”. The MP asked the detainee to apply precautionary measures, including a guarantee of 334 thousand pesos, an obligation to come every 15 days to sign and not leave, without authorization from the Judge, the Federal District during the duration of the process.

“Judge Alberto Quevedo, from Durango, presided over the first hearing of oral trials in which it was decided on the arrest of a defendant of the crime of rape, an accusation was formulated, that is, he was explained that he was being accused and began the judicial process against him due to the seriousness of the offense, and he was admitted to CEFERESO number 14. This hearing lasted 54 minutes and was developed based on the new National Code of Civil Procedures, in Durango ”.

The thesis that will be defended in this essay is "the oral trial system will be a good implementation in criminal matters in Puebla, since in this way the legal verdicts and justice will have a higher and better degree of quality, due to transparency and impartiality".

With this analysis we will reflect on oral trials and if they are a good implementation of criminal law in Puebla.

New accusatory system: oral trials

The justice system in criminal matters in the State of Puebla, like that of all the states of the Republic, is in crisis. Currently the inquisitorial system that is handled in the law is very deficient. The number of injustices is innumerable. A major complaint about this system is that it does not lend itself to argument and advocacy optimally with people.

That is why the implementation of the new adversarial system of oral trials will be very beneficial due to the impartiality and objectivity that exist within this new system.

Examples of this implementation in neighboring states, such as the first oral trial that was held in the state of Durango, with which the sentence that Francisco Javier Gutiérrez Aguilar, a motorist, was responsible for the wrongful death that was determined optimally had committed. As well as the resolution determined by Judge Alberto Quevedo, against a rapist, who was sentenced through the accusatory system, in which there was no negligence and where everything was in strict compliance with the law.

These and dozens of other cases show that the accusatory system is a good tool against the cancer that has poisoned the criminal justice system in Puebla.

Eduardo López Betancourt, in his book Oral Trials in Criminal Matters, 2012, points out: “Respect for human dignity, freedom, equality, impartiality and legality, all with the absolute principle of the presumption of innocence, sustains the illustrious right to defense, due process, and the rights of the victim and society ”(132)

The reference that impartiality and legality take over judicial decisions is clear and precise. This is necessary with the new accusatory penal system due to the degree of reform that it entails against the old inquisitorial system specifically, its deficiency.

Because the objective of the new penal system is specifically to reform the process that has been carried out until now and that through this things in the system change, in order to clarify and give the best judicial decisions that the people demand, in which legality and impartiality are noted for the benefit or just harm of the people, this implementation is one of the best in a long time.

Speed ​​of the process

A key point of great pleasure is the delay time of the process and the speed of the resolutions. As this system is adversarial and competes head-on before a judge and when both parties prove and discuss their evidence, both the defense and the accusatory party, the judge who is in charge of giving the objective sentence, determines the resolution in the same hearing and no, after this one.

Proof of this, the judicial decisions in which the control judge, Nelly Ivonne Cortes Silva, after an hour of hearing in room seven of criminal oral trials of the Superior Court of Justice of the Federal District (TSJDF), ordered a defendant his freedom under the legal reserves, but he asked him, as a precautionary measure, to guarantee a bond of 334 thousand pesos and to notify him if he left the city.

A further important resolution was in which the Attorney General's Office (PGR) obtained the sentence, in oral proceedings, against a person accused of the theft of hydrocarbons, after being detained by state police on December 5, when At night he was driving a truck with Oaxaca license plates and the lights off, on a road in the town of San Agustín Tlaxco, in the municipality of Amozoc.

These are clear examples in which it is clearly noted that the speed we are talking about is essential and important, this with the fact that the criminal process becomes faster and more optimal. With this type of measures, more judicial cases are faced and in the best way, with justice involved in all cases.

Diana Cristal González Obregón, in her book Practical Manual of Oral Trial, 2014, says:

With the implementation of the new adversarial adversarial criminal procedure system in Mexico, undoubtedly the procurement and administration of justice more attentive to social needs is revitalized for a quick, effective, dignified and transparent solution to criminal conflicts, within a democratic framework that respects the fundamental rights and guarantees of all the actors involved in litigation. (19)

We can verify with this that the new implementation entails justice in its guts, but in form and speed, to meet the demand of the people, which is what matters, as well as respect for rights.

Time as in many things is a very important part, in the criminal process and prosecution it is not the exception and plays a fundamental role, time is what is lacking, with this implementation the time in the hearings will be overwhelming, in which it will be to prove guilt or presumption of innocence, before the corresponding judge who, with the grounds and at the time he believes determined, will issue his decision. Resolution that will be the most fair, according to adherence to the law.

It should be noted that one of the important parties in this accusatory system is the judge. The judge is in charge of the administration of justice, which leads him to be a fairly well-trained person with the integrity and dedication to carry out his work in the best way possible. If there is a cancer in our penal system, it is corruption, and you have to work hard on that point if you really want this new system to function to its highest expectations.

Diana Cristal González Obregón mentions:

Judges fulfill, within democracy, the duty of the State to satisfy a basic social need: the administration of justice. The point is that institutions have vitality and serve the purpose for which they were created. Over the merely visual mechanism of a political principle, a reason of necessity must prevail: social justice. (32)

This quote confirms that the judge is an essential and essential part for the proper functioning of the new implementation in the State of Puebla. If you want to breathe justice, work against the corruption of judicial officials is a task that we have to carry out as soon as possible.

Although it is true that oral trials are the best implementation that the state needs, due to the impartiality and objectivity of the decisions by the judiciary, we have to highlight that there are many problems within the same judicial body, specifically the officials. The cancer that I talk so much about has not only poisoned the system but also the body that enforces justice. That is why I emphasize the work of working against the corruption that exists inside and outside the judicial body, in order to provide that justice, which society demands so much and which is a primary obligation of the State.

conclusion

Through the essay, it was possible to cover the central thesis "the oral trial system will be a good implementation in criminal matters in Puebla, since in this way the legal verdicts and justice will have a higher and better degree of quality, due to the transparency and impartiality ”that was presented at the beginning of this work.

To establish ourselves in an equitable panorama, the concepts of trial and oral trial were defined, which served objectively for the better development of the work.

In the first place, it was argued why the implementation of the new system of oral trials is necessary, due to the deficiency of the current system.

Later it was commented that objectivity is an important part of oral trials as it is explicitly a method of imparting justice.

It was also argued that the time involved in the criminal process with this new system is less than the previous one. This facilitates and speeds up the process, in addition to being essential in hearings where everything is exposed and the final verdict is given, right there.

Finally, it was mentioned that the new system to be implemented is good, but that it is not only necessary to change it, but also that of the enforcement body that is in charge of administering justice, in order to specify an essential function of the State, good common.

List of references

Armenta Hernández, Gonzalo. Oral trial and alternative justice in Mexico. Mexico: Porrúa, 2013

Bravo Peralta, Virgilio and Alfredo Islas Colín. Argumentation and legal interpretation: for

oral trials and the protection of human rights. Mexico: Porrúa 2012.

Carbonell, Miguel. Oral trials in Mexico. Mexico; Porrúa, 2014.

Carbonell, Miguel and Enrique Ochoa. What are oral trials and what are they for? Mexico:

Porrúa, 2012.

Casanueva Reguart, Sergio E. Oral trial: theory and practice. Mexico: Porrúa, 2014

Castillo Del Valle, Alberto Del. On oral trials and also on their wrongs. Mexico:

Alma Legal Editions, 2011.

Fix Zamudio, Héctor. Oral trials in Mexico. Mexico: Flores editor y distributor, 2011.

García Máynez, Eduardo. Introduction to the study of law. Mexico: Porrúa, 2014

Jiménez, Gerardo. “Establish fi nance in first oral criminal trial”, El Excélsior, 2015

www.excelsior.com.mx/comunidad/2015/01/28/1004995

López Betancourt, Eduardo. Oral trials in criminal matters. Mexico: Iure, 2012.

Mendoza Rangel, Carlos. "They hold first hearings of oral trials in Gómez", The Sun of Durango, 2014, www.oem.com.mx/elsoldedurango/notas/n3428476.htm

Pastrana Berdejo, Juan David. Oral trial: technique and strategies for oral litigation. Mexico:

Flores editor and distributor, 2011.

Pérez Corona, Fernando. "The PGR wins the first federal oral trial", El Excélsior, 2015

www.excelsior.com.mx/nacional/2015/07/04/1032861

Pina Vara, Rafael. Law Dictionary. Mexico: Porrúa, 2008

Quintano Zepeda, Rubén. Criminal dogmatics applied to the oral accusatory system. Mexico:

Flores editor and distributor, 2011.

Candle, David Saúl. "First oral trial begins in Mexico City: it is for manslaughter", El Financiero, 2015, http://www.elfinanciero.com.mx/nacional/arranca-el-nuevo-sistema-de-justicia penal-con-el-primer-trial-oral-en-el-df.html

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Oral trials in criminal matters in the state of Puebla, Mexico