SCJ establishes criteria on the principles of continuity, immediacy, and concentration of the trial

The Second Chamber of the Supreme Court of Justice (SCJ) ruled that the principles of continuity, immediacy, and concentration of the trial are not affected when suspensions of the substantive investigation or the trial stem from situations arising during the proceedings, are not unrelated to the needs of the case, and are carried out to guarantee the parties’ right to a defense. 

The criterion, established in Judgment No. SCJ-SS-22-0472 dated May 31, 2022, explains that the principle of immediacy implies direct examination of the evidence and that such evidence be admitted in the presence of all parties. It also seeks to regulate the conduct of debates, motions, and arguments. 

This is to ensure that the presentation of evidence takes place under equal conditions and that the parties may challenge or refute, support, or corroborate the information presented orally, publicly, and in an adversarial proceeding. 

“This Court of Cassation finds that this principle has not been violated by the trial court in the case at hand, given that all parties were on an equal footing in terms of time, space, and conditions at the time of the oral proceedings and all that this entailed. ”Under these circumstances, the appeal under review must be dismissed,” the ruling explains. 

In that regard, the judges of the Criminal Chamber of the SCJ, Fran Euclides Soto Sánchez, acting president; María G. Garabito Ramírez and Francisco Antonio Ortega dismissed the appeal filed against Criminal Judgment No. 203-2019-SSEN-00724, rendered by the Criminal Chamber of the Court of Appeals for the Judicial Department of La Vega. 

The respondent argued in its appeal that the trial was suspended for more than 10 days; according to Article 317 of the Code of Criminal Procedure, this must result in the interruption of the proceedings, and therefore all proceedings must be restarted from the beginning. 

To view the full judgment, click the following link: https://bit.ly/3W2niWR