According to the basic dictionary «Larouse» advertising means quality of public: publicity of a process. Ads, advertising agency.
The term advertising lexicologically is characterized by its historicity and amphibology. The first due to the variability of its meaning in correlation with different historical phases. Example:
The Greek and Roman slave societies the public was the opposite of the private
Middle Ages referred to a sign of status or distinction of nobility in front of the people.
Bourgeois liberalism was used as the organizing principle of the capitalist political order.
Today it is equivalent to accessible.
From the grounds of criminal law we can define publicity as: the immediate perception of the actions verified by and before the Court by people who are not part of it.
These classification criteria corroborate the amphibological character.
Classifications:
Instrumental. It is where the process takes place.
Personal. It is the quality of the people who assist the process.
This in turn is divided into:
Absolute: admissible or possible participation of the interested public.
Relative: restricted to the parties in the process.
Active: procedural legitimacy of the parties to produce the act that is developed.
Passive: excludes this participation and limits itself to giving a later account of its content.
Immediate: if the attendance of the public takes place.
Mediate: when its perception or information is indirectly through the media of social communication.
These classifications emphasize advertising as a method of immediate popular control over judicial activity and advertising as accessibility of the accused to the process to effectively assert the right of defense.
It is very common today to hear accusations about its loss of meaning and about the metamorphosis of the terms democratization into popularization and of advertising itself into propaganda. They highlight the crisis of this term, since there are obvious causes that allow doubting the effectiveness of the presence of people in the audience as a control mechanism. Example:
Natural limitations of advertising (local, magnitude, complexity, quantity, capacity)
Ignorance of the law by viewers.
The implementation of mechanisms to simplify criminal justice.
It has been affirmed that advertising as the simple presence of people in the oral proceedings has had a unidirectional character, since it has served more to the State as an instrument of general deterrence in the maintenance of public peace and security, than to society as a means of control of that in the exercise of ius puniendo.
To reinforce advertising as a control mechanism, the improvement of a set of measures of various kinds is proposed: organic, procedural and meta-procedural.
Example:
Create the objective conditions and provide legally for the holding of criminal hearings outside the headquarters of the jurisdictional bodies.
Establish or maintain access to the process of groups or sectors of the community for the defense of their interests.
Establish or maintain the legal requirement to motivate judicial decisions.
Our Constitution does not expressly refer to advertising as a characteristic feature or as a fundamental right of the citizen.
Although it should be noted that Article 58 states that no one can be prosecuted or sentenced except by the competent Court, by virtue of laws prior to the crime and with the formalities and guarantees that they establish.
The Criminal Procedure Law clearly and unequivocally requires the publicity of the debates in the first precept that is intended to regulate this procedural stage (art. 305)
They are based on the possible condition or injury of the following areas:
State security.
Morality.
The public order.
The respect due to the offended person or their relatives.
The so-called absolute or general advertising is excluded but the relative or of the parties is maintained. This is stated when it says: only the parties, their representatives, defenders, the auxiliary personnel and the persons authorized by the President or the Court will attend the sessions of the trials held behind closed doors.
The Court may decide on the exclusion of publicity before commencing the trial or in any state of the same, ex officio or at the request of a party, stating in the minutes the reasons supporting that decision.
Quantitatively there are natural limitations. Qualitatively too. Example:
The minority of age.
The mentally deranged.
Inappropriate composition and incompatible with the order and solemnity of the trial.
Attention must be drawn to the fact that we are faced with a fundamental guarantee whose restrictions or variations must be legally foreseen in advance.
In short, we are faced with a double connotation formality, insofar as it is of interest to society (as a control method) and to the accused (accessibility to the process).
