FERMIN TORO UNIVERSITY FACULTY OF LEGAL

AND POLITICAL SCIENCES FACULTY OF LAW

CRIMINAL PROCEDURE LAW I

“PHASES OF THE CRIMINAL PROCESS
VENEZUELAN"

Tutor: Prof. Dulce Mar Montero

Student: Héctor J Pirela F.
IC 10.118.518
Law 4th year Saia Section “A”
First Phase of the Venezuelan Criminal Process

Fiscal Archive: Art.297 (COPP): “When the result of the investigation is

insufficient to prosecute, the Public Ministry will decree the archiving of
the proceedings, without prejudice to the reopening when new elements
of conviction appear. The victim who has intervened in the process must
 be notified of this measure……”
Dismissal : Art. 300 (COPP): “The dismissal proceeds. It can be
concluded when: 1) The fact that is the subject of the process was not carried out or
cannot be
in three ways : be attributed to the accused. 2) The alleged act is not typical
or there is a cause of justification, blamelessness or non-punishability. 3)
The criminal action has been extinguished or res judicata has been
proven. 4) Despite the lack of certainty, there is no reasonable possibility
of incorporating new data into the investigation, and there are no grounds
to reasonably request the prosecution of the accused. 5) This code
expressly establishes this.
Accusation: Art. 308 COPP: “ When the Public Ministry considers that
the investigation provides serious grounds for the public prosecution of
the accused, it will present the accusation before the control court…”
 Intermediate Phase of the Venezuelan Criminal Procedure

Control Judge decides 1 to Development of the

open the criminal trial after preliminary hearing (Art.
admitting the accusation of 309 COPP)
the Public Ministry.
Call for the parties. (Art.327 Ministry
Decision (Art.330 COPP)
COPP ) 2
Public

Adherence to the tax Admission of the

accusation (Art. 326 COPP Accusation. (Art.
)3 326
COPP)

3
Principles that govern oral and public trials

The Trial: It is the climax of the criminal process, since it is here

that a definitive pronouncement is produced that causes the state
of res judicata and determines the guilt or innocence of the
accused.
The Immediacy. Art. 315 COPP “ It will be carried out with the
uninterrupted presence of the Judge and the parties. The accused
may not leave the hearing without permission from the court. If
after your statement you refuse to remain, you will be guarded in a
nearby room and for all purposes you may be represented by the
defender……”

Advertising . Art.316 COPP : “The Debate will be public, but the

court may decide that it be held, totally or partially behind closed
doors, when….” It is based on the State's role in making a
transparent judgment, making it easier for the Nation to know why,
how, with what evidence, etc. carry out the trial of an accused.

4
 RECORD OF ACTIONS
The registration of judicial proceedings is subject to a series of formalities depending on each case,
for example, business hours, days of dispatch, deadline for presenting evidence, book of news ,
presentation of the accused, etc. (Art.317 COPP )

CONCENTRATION AND CONTINUITY RECORD

It is when the Judge demands that the hearing be moved forward without delays of any kind and
without it having contact with other processes so as not to lose continuity and avoid confusion that
can limit objectivity in the analysis of the evidence and the parties' approach to the matter. at the
same time harm one of the contenders in the trial. (Art.318 COPP).
The concentration requires that once the presentation of the evidence and allegations is completed,
there must be a ruling or sentence, thus creating continuity in the trial .

DECISION ON SUSPENSION
“The court will decide the suspension and will announce the day and time in which the debate will
continue; This will serve as a summons for all parties. Before continuing, the Judge will briefly
summarize the acts carried out previously (Art.319 COPP)

5
DECISION ON SUSPENSION

It is an
alternative contemplated in the Penal Code to
avoid, above all, a sentence in prison, where the
defendant or defendants are required to comply with
certain conditions, and once these conditions are met,
the criminal action is extinguished. (Art.319 COPP)

INTERRUPTION
When the debate is not resumed no later than the
sixteenth day after the suspension, it will be
considered interrupted and must be carried out
again, from the beginning. (Art.320 COPP)
ORALITY
Orality involves carrying out the main acts of the
process through the spoken word, regardless of
whether its content is collected in minutes, films or
recordings, where it is necessary to bring together
the parties and the court in the same space (place),
being participants. of the acts. (Art.321 COPP)

6
 (Art. 322 COPP). They may only be
incorporated into the trial by
reading:
READING OF EVIDENCE RECORDS

1) . - Testimonies or expertise that have been received in accordance with the rules of advance
evidence, without prejudice to the parties or the court requiring the personal appearance of the
witness or expert, when possible.

2) . - Documentary or report evidence, and the records of recognition, registration or inspection,

carried out in accordance with the provisions of this Code.

3) .- The minutes of the evidence that is ordered to be practiced during the trial outside the
courtroom.

Any other element of conviction that is incorporated by reading it into the trial will have no value,

7
unless the parties and the court expressly express their agreement with the incorporation.”

8
 COMPLEMENTARY TEST

Art.326 COPP: “The parties may promote new evidence,

about which they have become aware after the hearing.

IMPOSSIBILITY OF ASSISTANCE
Art.323 COPP: “The evidentiary bodies that cannot attend
the debate due to justified impediment will be examined in the place where they are by the judge.
If they are in a place other than the trial, or if they are people who do not have the duty to attend
to give a statement, the judge will immediately notify the judge of that place, who will examine
them. In both cases, the reception and reproduction of the act will be ordered by any audiovisual
technological means and the parties will be able to participate in it.”
DIRECTION AND DISCIPLINE IN CONCATENATION WITH THE PRINCIPLES AND
GUARANTEES
PROCEDURAL
Art.324 COPP : “ The Judge will direct the debate, order the practice of evidence, demand
compliance with the corresponding solemnities, moderate the discussion and resolve incidents and
other requests from the parties. It will prevent the allegations from diverting towards inadmissible or
impertinent aspects, but without restricting the exercise of the accusation or the right to defense. It
may also limit the speaking time of those who intervene during the trial, setting equal maximum
limits for all parties or interrupting anyone who makes manifestly abusive use of their power.
Likewise, it will exercise the disciplinary powers aimed at maintaining order and decorum during the
debate and, in general, those necessary to guarantee its effective conduct.
CONSTITUTION OF THE JOINT COURT

The Mixed Court is made up of: A professional judge and two citizens of the community who must not be lawyers, called

9
escabinos, who are responsible for hearing crimes whose punishment is greater than four years.

CITIZEN PARTICIPATION OFFICE

The National Office of Citizen Participation is attached to the Communications Office of the
Executive Directorate of the Judiciary and is the body designated to coordinate and develop the
guidelines and policies to be followed in matters of escabinos and apply them through the Regional
Offices of Citizen Participation , thus channeling the right/duty established by law. Additionally, it is
the entity in charge of motivating, notifying and inducing citizens to join this process, through
dissemination and information on citizen participation.
COURT INTEGRATION
Composed of a Judge, a bailiff and a secretary.

ANNOUNCEMENT

Art.325. “ The Judge will set the date for the trial hearing, which must take place no earlier than ten
days nor after fifteen business days, from receipt of the proceedings and will order the summons of
all those who must attend. to the debate”

10
- Arteaga Sánchez, Alberto. “Venezuelan Criminal Law” eighth edition
- Supreme Court of Justice website: www.tsj.gob.ve
- Organic Code of Criminal Procedure, year 2012, No. 6,078 Extraordinary
- Comments Law Books, Universidad de los Andes, Mérida- Venezuela
- Illustrative photos taken from the internet.

11