Initial Script Audience

INITIAL HEARING
1) Opening of hearing
Courtroom assistant: At ____ hours of the day ____ of the year ______, we are
constituted in the courtroom ____________ to hold the detention control/indictment
hearing in the criminal case ________ which is being prosecuted against
___________ for the crime of ________________. Pursuant to Article 58 of the
National Code of Criminal Procedures, the attendees are requested to remain in
this room respectfully and in silence. They are reminded that it is strictly forbidden
to introduce equipment or instruments that allow the recording of video images,
sounds or graphics; nor should they introduce weapons or adopt an intimidating,
provocative behavior, contrary to decorum, or alter or affect the development of the
hearing. In case of doing so, any of the measures foreseen in article 355 of the
aforementioned code will be applied, which may range from a warning to arrest for
thirty-six hours. Finally, I ask the attendees to stand to receive the judge
________________________, who will preside over the hearing.
Attendees: Standing.
The judge enters the courtroom.
Judge: Please be seated.
Attendees take their seats
On the day of _____ of the month of _____ of the year _____, at _____ hours, this
jurisdictional body proceeds to carry out the initial hearing of control of the
detention/formulation of the indictment based on Article 307 of the National Code
of Criminal Procedures, within the criminal case indicated by the courtroom
assistant.
I ask the court clerk: Are there any journalists or media present at this hearing?
(1) In negative case.
Courtroom assistant: No, Judge, there are no journalists or media present at this
hearing.
Go to "Individualization of the parties" (item 2).

(2) If yes.
Courtroom assistant: Yes, Judge, journalists and media are present at this
hearing.
Judge: I inform the journalists and media present that according to Article 55 of the
National Code of Criminal Procedures, one of the rights of the accused is not to be
exposed to the media in accordance with Section XIV of Article 113 of the Code.
By virtue of the foregoing, journalists and the media are instructed to remain in the
place where they have been located, and to refrain from recording and transmitting
by any means the present hearing.
2) Individualization of the parties
Judge: Once the hearing is open, we will proceed with the individualization stage.
It begins with the Public Prosecutor's Office, the victim or offended party (if
present), his or her legal counsel (if present), the defense attorney and the
accused. The Public Prosecutor's Office has the floor.
Public Prosecutor's Office: Licentiate ___________, with professional license

number _______, with domicile to receive notifications at ______ and (if deemed
convenient), stating as means to be notified by e-mail, fax, telephone or any other
means _______.
Judge: The victim or offended party has the right to speak.
Victim or injured party ( if present): ___________, with address to receive

notifications at ______ and (if deemed convenient), stating as a means to be
notified by e-mail, fax, telephone or any other _______.
Judge: Addressing the victim or offended party. Mr. _____ in accordance with
section I, paragraph C of Article 20 of the Constitution, you have the right to be
advised by a lawyer, whom you may freely choose; if you do not wish or are unable
to appoint a lawyer, this court will appoint a public legal advisor for you. Who do
you appoint as advisor?
Victim: I designate ___________.

Judge: This court has appointed as legal advisor the attorney
__________________ for all legal purposes. I remind the victim or injured party
that during any stage of the procedure, he/she may act by him/herself or through
his/her legal advisor, who will only promote what you have previously informed
him/her of.
Victim or injured party: Yes, Your Honor.
Judge: The legal advisor of the victim or offended party has the right to proceed
with the individualization of the victim or offended party.
Legal counsel (if present): Lawyer ___________, with professional license

number _______, with address to receive notifications at ______ and (if deemed
convenient) stating as a means to be notified by e-mail, fax, telephone or any other
_______.
Judge: The defendant has the right to speak.
Accused: ___________, with address to receive notifications at ______ (if he/she

is detained it will be at the place of detention) and (if he /she considers it
convenient) stating as a means to be notified by e-mail, fax, telephone or any other
means _______.
Judge: Addressing the defendant. Mr. _____ in accordance with section VIII of
paragraph B of article 20 of the Constitution, you have the right to an adequate
defense by an attorney, which you may freely choose; if you do not want or cannot
appoint an attorney, this court will appoint a public defender for you. Who do you
nominate as an advocate?
Charged: I designate ___________.
Judge: Are you aware of the obligations imposed by Article 117 of the National
Code of Criminal Procedures?
Defense Counsel: Yes, Your Honor, I am aware.

Judge: This court has appointed as defense counsel the attorney
__________________ for all legal purposes. I remind the defendant that the
intervention of his or her defense counsel does not affect his or her right to
intervene, formulate petitions and make any statements he or she deems pertinent.
Have you understood this?
Accused: Yes, Your Honor.
Judge: The defendant's defense counsel has the floor to proceed with his or her
individualization.
Defender: Lawyer ___________, with professional license number _______, with

domicile to receive notifications at ______ and (if deemed convenient) stating as
means to be notified by e-mail, fax, telephone or any other means _______.
Judge: I hereby inform the parties that the address they have provided will be the
place where they will receive the notifications during the process; in case of
modification, they must inform it in due time since if they do not do soIn case of
modification, they will be notified in accordance with the provisions of section II,
article 82 of the adjective code on the matter, that is to say, by means of a list, a
docket or a judicial bulletin, as the case may be.
Likewise, you are hereby informed that all resolutions issued orally in this and
subsequent hearings, if applicable, will be deemed to be notified to the parties
involved in them, who are obliged to formally attend, in accordance with Article 63
of the aforementioned Code.
3) Verification of knowledge of
Constitutional and legal rights
Judge: Having identified those present at this hearing, I ask the defendant, Mr.
_________: Have you been previously informed of your constitutional and legal
rights?
Accused:
(1) If yes. Yes, Your Honor, I have been informed of my constitutional and legal
rights.
(2) If no. No, Your Honor, I have not been informed of my constitutional and legal
rights.
Judge: Since the defendant has stated that he/she has not been informed of
his/her constitutional and legal rights, this court will read them.
Judge: Next I ask the victim or offended party, Mr. _________: Have you been
previously informed of your constitutional and legal rights?
Victim or offended:
(1) If yes. Yes, Your Honor, I have been informed of my constitutional and legal
rights.
(2) If no. No, Your Honor, I have not been informed of my constitutional and legal
rights.
Judge: Since the victim or offended party has stated that he/she has not been
informed of his/her constitutional and legal rights, this court will read them.
4) Detention qualification. In the case of a proceeding without a detainee, in

compliance with a summons or arrest warrant, go to "Formulation of the
indictment" (point 5).
Judge: The Public Prosecutor's Office is given the floor to justify the reasons for
the arrest.
Public Prosecutor's Office: Since the reason for this stage of the hearing is only to
argue and controvert the circumstances of the detention, the Public Prosecutor
must limit himself to briefly and punctually indicate the circumstances of manner,
time and place in which the detention took place, whether in flagrante delicto or in
an urgent case, and indicate the evidence supporting his statement, ending with a
request to the court to qualify the detention as lawful.The Public Prosecutor's Office
must limit itself to indicating briefly and punctually the circumstances of the
manner, time and place of the arrest, whether in flagrante delicto or in an urgent
case, and indicate the evidence supporting its statement, ending with the request
to the jurisdictional body to classify the arrest as legal.
Judge: Based on Article 66 of the National Code of Criminal Procedures, the

victim, injured party or his or her legal advisor is granted the right to express his or
her opinion regarding what the Public Prosecutor's Office has indicated in relation
to the detention of the accused.
Legal Advisor: He/she speaks about the detention.
Judge: The accused or his/her defense counsel has the right to speak.
Defender: He/she speaks about the detention.
Judge: The debate is closed and this court proceeds to decide on the request of
the Public Prosecutor's Office to classify the detention of the accused as legal.
(1) In the event that the detention is deemed to be legal
Once the parties have been heard, this court finds that the reasons for the arrest
stated by the Public Prosecutor's Office are justified based on the following facts:
__________________________________________________________________
_________________________________________________________________.
The foregoing is evident from the evidence offered at the hearing, the following
being of relevance for the decision made by this court:
__________________________________________________________________
_____________________________________________.
The foregoing facts and evidence lead this court to conclude that in the present
case, the detention of ____________ meets the hypothesis of flagrancy/urgency
provided for in Article 16 of the Constitution and Article 146 (150 in case of
urgency) of the National Code of Criminal Procedure.
Likewise, this jurisdictional body was able to verify through the record number
_________, presented at the hearing by the Public Prosecutor's Office, that the
arrest of Mr. ___________, was carried out at _________ hours of the day
___________ in charge of _________ at _____ hours of the day ______ in charge
of _________; and that the detainee was placed at the disposition of the Public
Prosecutor's Office at ______ hours of the day _____, which is recorded in record
number ___________ of the Public Prosecutor's Office. Therefore, and given that
this hearing was declared open at ____ hours on ______, this court concludes that
the detention of Mr. _________ complied with the constitutional term of 48 hours
provided for in Article 16 of the Constitution.
(In case of a crime that requires a criminal complaint): It should also be indicated
that the crime for which Mr. __________ was arrested, i.e. the crime of
__________, is a crime that requires a criminal complaint in accordance with
article __________. Said requirement is satisfied since the victim or offended party
was notified of the arrest of Mr. ______________ on ____ at ____ hours, and filed
a complaint with the Public Prosecutor's Office on ______ at _______ hours.
Therefore, there was no more than the 12 hours allowed by Article 148 of the
National Code of Criminal Procedure between the notification of the victim or
injured party and the filing of the complaint. For the aforementioned reasons, and
based on Articles 16 of the Constitution and 308 of the aforementioned Code, this
court ratifies the detention of the accused, Mr. _______________________.
In terms of Article 67 of the adjective code, it is ordered that this resolution be

transcribed.
Since this court has ratified the detention, Mr. _____________________ must
remain detained during the development of the initial hearing until a decision is
made as to whether or not he will be remanded in custody.
Go to "Formulation of the charge" (item 5).
(2) In the event that the detention is not qualified as lawful
Once the parties have been heard, this jurisdictional organ qualifies the detention
______________ as illegal, since from what has been exposed in this hearing and
the evidence presented in relation to the circumstances surrounding his detention,
the assumptions foreseen in the constitutional numbers 16 and 146 (150 urgency)
of the National Code of Criminal Procedures for the case of flagrancy/urgency are
not met. Said articles require that in order to configure the case of
flagrancy/urgency , _________________, and in the present case the detention of
_____________ does not comply with the requirement of ___________________.
Therefore, based on Article 16 of the Constitution and Article 308 of the

aforementioned Code, and in strict compliance with the human rights that govern
this criminal justice system, Mr. __________________ is ordered to be released
immediately, without prejudice that the Public Prosecutor's Office may continue
with the investigation and subsequently request a hearing to formulate the
indictment following the rules of the hearing without a detainee. Send an official
letter to the director of the social reinsertion center for the aforementioned
purposes.
I ask the Public Prosecutor's Office: Do you have another request? It may request
in the same hearing that the accused be released, setting a date and time for the
initial hearing to take place, which shall be held within 15 days following the
request (Art. 310 CNPP). It may also request an arrest warrant (art. 143 CNPP).
(If negative)
Go to "Right of the accused or his/her defense to speak" (item 10) and then
to "Closing of hearing 1" (item 11).
(If yes, request for hearing)
Public Prosecutor's Office: Yes, Your Honor, it is requested to set a time and
date for the hearing of the indictment.
Judge: In accordance with the request of the Public Prosecutor's Office,

____________ is hereby summoned to appear on ____ at the time _____ before
this court, for the initial hearing with the formulation of the indictment made by the
Public Prosecutor's Office against him, being all those present duly notified in
accordance with Article 63 of the adjective code on the matter.
5) Formulation of the charge
Judge: Pursuant to Article 311 of the National Code of Criminal Procedure, the
floor is given to the Public Prosecutor's Office to formulate its indictment. Mr.
_______________, I ask you to pay attention to the presentation to be made by
the Public Prosecutor's Office, since it will inform you of the fact or facts that the
law indicates as a crime for which an investigation is being carried out against you.
Public Prosecutor's Office: The Public Prosecutor shall explain to the accused
the act attributed to him/her, the preliminary legal qualification, the date, place and
manner of its commission, the form of intervention he/she has had in it, as well as
the name of his/her accuser (Article 311 of the National Code of Criminal
Procedures).
Judge: Mr. ________________: Do you understand the facts that the Public
Prosecutor's Office has just attributed to you?
Accused: Yes, I understand.
6) Opportunity to testify
Judge: Mr. ________________, this court informs you that, based on Article 309
of the National Code of Criminal Procedures, you have the right to testify in this
hearing in order to answer the accusation that the Public Prosecutor's Office has
just made to you. Anything you state can be used against you. If you wish, you
may refrain from doing so and remain silent, which may not be used against you. I
ask you to consult with your advocate and tell me if it is your free decision to testify
at this hearing.
Accused:
(If negative)
Go to "Commitment to trial" (item 7).
(If yes) The defendant will be asked to take the stand.
Judge: Mr. ________________, I will ask you for some general information about
your person and I inform you that, in accordance with Article 309 of the adjective
code in the matter, you may not refuse to provide your full identity, you may give
your data aloud or if you prefer, these may be noted separately and preserved in
reserve. I urge you to conduct yourself with truth. Did you understand what I said?
Accused: Yes.
The accused provides identity data.
Judge: Mr. ________________, you are going to make your statement, after
which the Public Prosecutor's Office, the victim's or victim's legal counsel and your
defense will be given the floor to ask you questions about your statement, I inform
you that you are not obliged to answer any questions that may be against you. Do
you understand what I am saying?
Judge: You may now proceed to make your statement.
Accused: State.
Judge: Mr. _______, you will now be asked some questions about what has been
declared, I remind you that you are not obliged to answer those questions that may
be against you, and I ask that if you hear the word "objection" you do not answer
the question asked until a decision is made on this issue. Do you understand what
I have told you?

Judge: The Public Prosecutor's Office has the floor.
Public Prosecutor's Office: Ask questions.
Accused: Answers questions or declares his/her wish not to do so.
Judge: The legal advisor of the victim or offended party has the right to speak.
Legal advisor to the victim or victimized person: Ask questions.
Judge: The defense counsel has the right to speak.
Advocate: Ask questions.
At the close of the debate, the accused will be asked to leave the stand.
7) Commitment for trial
Judge: Are there any other requests?
Public Prosecutor's Office: Yes, Your Honor, the social representation requests
that the accused be brought to trial.
Judge: Addressing the defendant. Mr.(a) ____________, the Public Prosecutor's

Office has requested this court to rule on the indictment for the facts with which you
have been charged, that is to say, that the Public Prosecutor's Office considers that
it has sufficient evidence to consider that a crime has been committed and,
furthermore, that there is a probability that you committed or participated in its
commission.The Public Prosecutor's Office considers that it has sufficient evidence
to consider that an act has been committed that the law indicates as a crime and,
furthermore, that there is a probability that you committed it or participated in its
commission. The effect of the issuance of an indictment is to establish the criminal
act or acts on which the proceedings will continue.
In accordance with article 16 of the Constitution, you have the right to decide
whether you wish this court to decide on the committal for trial at this same hearing
or whether you wish to take advantage of the constitutional time limit of 72 hours or
its extension of up to 144 hours, in which case this court will set a time and date for
the continuation of this hearing.
I ask you to consult with your defense counsel and indicate to this court whether
you wish this hearing to be resolved at this hearing, whether you wish to invoke the
constitutional time limit or request that it be doubled.
(1) In case the constitutional term of 72 hours or its duplicity is used.
Judge: Given that the defendant ______ has expressed his/her wish for this court
to rule on the request of the Public Prosecutor's Office for the committal to trial
within the constitutional term of 72 hours/its duplicity, based on Article 313 of the
National Code of Criminal Procedures, the day ____ at ___ hours is set for the
continuation of the present initial hearing.
The accused is informed of his or her right to request judicial assistance to

summon witnesses or experts to the committal hearing, and must request such
assistance at least forty-eight hours prior to the time and date set for the hearing. If
not, he must present his evidence at the hearing for the committal to trial.
Are there any other requests?
(If yes)
Public Prosecutor's Office: Yes, Your Honor, the imposition of precautionary

measures is requested.
Proceed to "Imposition of precautionary measure" (item 8), then to "Right of

the accused or his/her defense to speak" (item 10) and finally to "Closing of
hearing 3" (item 11).
(If negative)
Go to "Right of the accused or his/her defense to speak" (item 10), and then
(2) Continuation of the initial hearing

Judge: Once the hearing has been opened and the parties have been identified,
based on Article 315 of the National Code of Criminal Procedure, this court
proceeds to hear the evidence (if any) offered by the accused.
The evidence is presented.
Judge: The Public Prosecutor's Office is granted the right to speak to request and
give reasons for the binding of the accused to trial.
Public Prosecutor's Office: It states the evidence with which it considers that a
fact is established that the Law indicates as a crime and the probability that the
accused committed it or participated in its commission.
Judge: The defense is granted the right to speak in order to answer the request.
Ombudsman: Answers the request.
Judge: Resolves.
(A) Order of attachment.
This court considers that from the background of the investigation presented by the
Public Prosecutor's Office there is sufficient evidence to establish that the crime of
______ has been committed and that there is a probability that the accused
_______ committed it or participated in its commission. The prima facie evidence
that leads to this assumption is as follows:
_______________________________________________________.
Likewise, this court does not find cause for extinction of the criminal action or
exclusion of the crime in the present case and, since the indictment has been
formulated and the defendant has been given the opportunity to testify, it is
resolved as follows:
Based on Article 316 of the National Code of Criminal Procedure, this court
concludes that the corresponding legal requirements have been complied with, and
the defendant _______________________ is bound over to trial for the facts that
are the subject of the accusation. Pursuant to Article 67 of the aforementioned
Code, it is ordered that this resolution be transcribed.

(If yes)

Go to "Imposition of Injunctive Relief" (item 8).
(If negative)
Go to "Statement of the deadline for closing the investigation" (item 9).
(B) No Binding.
Option 1. This court considers that from the background of the investigation
presented by the Public Prosecutor's Office there is insufficient evidence to
establish that the crime of ______ has been committed, and that there is no
probability that the accused _______ committed it or participated in its commission.
Option 2. This court considers that from the background of the investigation,
presented by the Public Prosecutor's Office, there is sufficient evidence to establish
that the crime of ______ has been committed, but there is insufficient evidence to
conclude that there is a probability that the accused _______ committed it or
participated in its commission.
From the foregoing, given that from what the Public Prosecutor's Office has stated
and the evidence presented at this hearing (if any), it is clear that
_________________________________________________________________.
For the foregoing reasons, and based on Article 319 of the National Code of
Criminal Procedure, this court finds that the legal requirements necessary to
commit the accused to trial _______________________ have not been met.
Therefore, the immediate release of the accused ( if he/she is deprived of his/her
liberty) is ordered , revoking the precautionary measure of _______ of the
precautionary measure of ______________ decreed by _________ on ______ (if
applicable). Send an official letter to the director of the social reinsertion center for
the aforementioned purposes (if applicable). Pursuant to Article 67 of the
aforementioned Code, it is ordered that this resolution be transcribed.
Likewise, the accused is informed that notwithstanding this jurisdictional body has
issued an order of non-binding to process in this hearing, and given that the
dismissal of the criminal action in this case has not been decreed, the Public
Prosecutor's Office may continue with the investigation and may later formulate a
new indictment, which is based on Article 319 of the National Code of Criminal
Procedures.n penal in this case, the Public Prosecutor's Office may continue with
the investigation and subsequently may formulate the indictment again, the
foregoing based on Article 319 of the National Code of Criminal Procedures. Have
you understood this?
Accused: Yes, Your Honor.
(If yes)

Proceed to "Imposition of precautionary measure" (item 8), then to "Right of

the accused or his/her defense to speak" (item 10) and finally to "Closing of
hearing 5" (item 11).
(If negative)
to "Closure of hearing 6" (item 11).
8) Imposition of injunctive relief
Public Prosecutor's Office/Legal Advisor: Yes, Judge, the imposition of

precautionary measures (anticipated in case of adherence to the constitutional time
limit of 72 hours or 144 hours)is requested .
Judge: Once the procedural requirement set forth in Article 154 of the National
Code of Criminal Procedure has been met, this court gives the floor to the Public
Prosecutor's Office/victim or injured party or his/her legal advisorto request the
imposition of precautionary measures.
Public Prosecutor's Office/Legal Advisor: Indicates the precautionary measure

requested and argues the need for its imposition, whether to guarantee the safety
of the victim or offended party or witness, or to avoid hindering the proceedings.
Judge: The Public Prosecutor's Office/victim or offended party or his/her legal
advisor is given the floor to state what he/she deems appropriate.
Public Prosecutor's Office/Legal Advisor: State what is in your best interest.
Judge: The accused or his/her defense counsel has the right to speak in order to
state what he/she deems appropriate.
Defender: State what is in his or her best interest.
Disclosure of evidence.
Judge: Having heard the parties, this court proceeds to decide on the request
made by the Public Prosecutor's Office/victim or offended party or his/her legal
advisor regarding the need to impose the precautionary measure (anticipated in its
case) of ___________ on the accused _________________.
(A) If negative
The court considers that, applying the criterion of minimum intervention according
to the particular circumstances of each person, in terms of the provisions of Article
19 of the Constitution and the principle of proportionality provided for in Article 156
of the National Code of Criminal Procedures, in this case the imposition of the
precautionary measure on the accused is not justified.Article 156 of the National
Code of Criminal Procedures, in the present case the imposition of the
precautionary measure of ______________ on the accused _______________ is
not justified, since it is clear from what has been exposed in this hearing that:
A.1______________________________________________________________,
which in the opinion of this court, based on Article 168 of the aforementioned code,
does not demonstrate that there is a danger of subtraction of the accused
___________ in the proceeding.
A.2______________________________________________________________,
does not demonstrate that the defendant ___________ poses a risk to the safety
of the victim or offended party, witnesses or the community.
A.3______________________________________________________________,
does not demonstrate that there is a risk that the accused ___________ could
hinder the development of the investigation.
For the foregoing reasons, and based on Article 153 of the adjective code, this
court denies the request made by the Public Prosecutor's Office for the imposition
of the proposed precautionary measure. Pursuant to Article 67 of the National
Code of Criminal Procedure, it is ordered that this resolution be transcribed.
(B) In case of imposition of a different measure than the one requested.
The court considers that, applying the criterion of minimum intervention according
to the particular circumstances of each person, in terms of the provisions of Article
19 of the Constitution and the principle of proportionality provided for in Article 156
of the National Code of Criminal Procedure, in the present case the imposition of
the precautionary measure on the accused is not justified.National Code of
Criminal Procedures, in the present case the imposition of the precautionary
measure of ______________ on the accused _______________ is not justified,
however, from what has been exposed in this hearing, this jurisdictional body
considers necessary to impose a different measure to the one requested, less
burdensome, since it is clear that:
B.1_____________________________________________________________,
demonstrates that there is a danger of subtraction of the accused ___________ in
the proceeding.
B.2______________________________________________________________,
which in the opinion of this court, based on Article 170 of the aforementioned
Code, demonstrates that the accused ___________ represents a risk to the safety
of the victim or victimized party, witnesses or the community.
B.3______________________________________________________________,
demonstrates that there is a risk that the accused ___________ could hinder the
development of the investigation.
For the foregoing reasons, and based on Article 157 of the National Code of
Criminal Procedure, this court denies the request made by the Public Prosecutor's
Office for the imposition of the proposed precautionary measure, and imposes the
precautionary measure of ____________________ provided for in Article 155 of
the Code, since it is necessary for _____________________ and it has been
demonstrated in this hearing that __________________________. The
precautionary measure will be valid for a period of ___________________ (in the
case of preventive detention it may not exceed one year) and its evaluation and
supervision will be in charge of ____________________, for which purpose an
official letter will be sent to said authority for the corresponding effects. In terms of
article 67 of the adjective code in the matter, it is ordered that this resolution be
transcribed.
(C) If yes
Having heard the parties in the present hearing, this court considers that applying
the criterion of minimum intervention according to the particular circumstances of
each person; in terms of the provisions of Article 19 of the Constitution and the
principle of proportionality provided for in Article 156 of the National Code of
Criminal Procedures, in the present case the imposition of the precautionary
measure on the accused is justified.n and the principle of proportionality set forth in
Article 156 of the National Code of Criminal Procedures, in the present case the
imposition of the precautionary measure of ______________ on the accused
_______________ is justified, since it is clear that:
C.1______________________________________________________________,
demonstrates that there is a danger of subtraction of the accused ___________ in
the proceeding.
C.2______________________________________________________________,
demonstrates that the accused ___________ represents a risk to the safety of the
victim or offended party, witnesses or the community.
C.3______________________________________________________________,
demonstrates that there is a risk that the accused ___________ could hinder the
development of the investigation.
For the foregoing reasons, based on Article 153 of the National Code of Criminal
Procedure, this court approves the request made by the Public Prosecutor's Office
for the imposition of the proposed precautionary measure of
____________________, provided for in Article 155 of the Code of Criminal
Procedure, since it is necessary for _____________________ and it has been
demonstrated in this hearing that __________________________. The
precautionary measure will be valid for a period of ___________________ (in the
case of preventive detention it may not exceed one year) and its evaluation and
supervision will be in charge of ____________________, for which purpose an
official letter will be sent to said authority for the corresponding effects. Pursuant to
Article 67 of the National Code of Criminal Procedure, it is ordered that this
resolution be transcribed.
9) Statement of the deadline for the closing of the investigation
Judge: The court will then determine the deadline for the closing of the
complementary investigation, for which the parties are asked for their proposal.
The Public Prosecutor's Office has the floor.
Public Prosecutor's Office: Proposes deadline for the closing of the

complementary investigation.
Judge: The legal advisor of the victim or offended party has the right to speak.
Legal advisor: Proposes deadline for closing the complementary investigation.
Judge: The defense counsel has the floor.
Public Defender: Proposes deadline for closing the complementary investigation.
Judge: Having heard the parties, this jurisdictional body, based on Article 321 of
the National Code of Criminal Procedures, determines a term of _______ for the
closing of the complementary investigation, counted as of the closing of the
present hearing.
The parties are informed that once this term has elapsed, it shall be considered
closed, unless an extension is requested by any of the parties, with justification,
before the end of the term. In the event that the Public Prosecutor's Office
considers closing the investigation in advance, it shall inform the victim or offended
party or the accused so that, if applicable, they may express their views.
Once the complementary investigation has been closed, or once the term decreed
has elapsed, the Public Prosecutor's Office must request the partial or total
dismissal of the case, the suspension of the proceedings or, if appropriate, the
filing of an indictment. Have the parties understood?
Parties: Yes, Your Honor.

10) Right of the accused or his/her defense counsel to speak.
Judge: Addressing the defendant. Mr. ________________, in terms of Article 66

of the National Code of Criminal Procedures, the law grants you or your defense
counsel the opportunity to speak. Is there anything you would like to communicate
to this court? Consult with your advocate.
Defendant or Defense Counsel: State what corresponds to his or her right. You
can do this from your location.
11) Closing of hearing
1. Qualification of the illegal detention, without request for an indictment

hearing.
Judge: With nothing further to resolve, the debate and the initial hearing is
declared closed at ________ hours of today's date, having qualified as illegal the
detention of Mr. ______________________ for the reasons stated in this hearing.
Therefore, based on Article 16 of the Constitution and Article 308 of the adjective
code on the matter, and in strict compliance with the human rights that govern this
criminal justice system, it is ordered the immediate release ofn of Mr.
__________________, without prejudice that the Public Prosecutor's Office may
continue with the investigation and later request a hearing to formulate the
indictment following the rules of the hearing without detention.
Send an official letter to the director of the social reinsertion center for the
aforementioned purposes.
Pursuant to Article 67 of the aforementioned Code, it is ordered that this resolution

be transcribed.
All the intervening parties are duly notified in accordance with Article 63 of the
relevant adjective code.
Any other requests? The parties may request a copy of the contents of the digital
folders or part of them (art. 50 CNPP), which must be agreed upon at the precise
moment of the request.
It is so resolved by _____________________, judge of control _______________.

The hearing is adjourned.
2. Qualification of the illegal detention, with request for an indictment

hearing.
declared closed at ________ hours of today's date, having qualified as illegal the
detention of Mr. ______________________ for the reasons stated in this hearing.
Therefore, based on Articles 16 of the Constitution and 308 of the National Code of
Criminal Procedures, and in strict adherence to the human rights that govern this
criminal justice system, it is ordered that Mr. (a) be immediately released from
custody, without prejudice that the Public Prosecutor's Office may continue with the
investigation and subsequently request a hearing to formulate an indictment
following the rules of hearing without detention.n to Mr. __________________,
without prejudice that the Public Prosecutor's Office may continue with the
investigation and subsequently request a hearing to formulate the indictment
following the rules of the hearing without detention. Send an official letter to the
director of the social reinsertion center for the aforementioned purposes.
Likewise, according to the request of the Public Prosecutor's Office, the hearing for
the formulation of the indictment has been set for _____ at _____ hours.

be transcribed.
files or part of them (art. 50 CNPP), which must be agreed upon at the precise
3. Acceptance of the constitutional time limit with request for precautionary

measures.
declared closed at ________ hours of today, and the day _____ is set at ____
hours for the continuation of the present hearing of committal to trial. Likewise, in
response to the request made by ______________, the precautionary measure of
_______________ provided for in Article 155 of the National Code of Criminal
Procedures has been set for a period of ___________________, since the need
for _________________ has been demonstrated.
Notify ____________________, the authority supervising precautionary measures

and conditional suspension of proceedings, so that it may initiate the supervision
process.
(In case of deprivation of liberty) Send an official letter to the director of the social
reinsertion center for the aforementioned purposes.

be transcribed.
All intervening parties are duly notified in accordance with Article 63 of the National
Code of Criminal Procedure.
4. Compliance with the constitutional term without request for injunctive

relief.
declared closed at ________ hours of today's date, and the day _____ at ____
hours is set for the continuation of the present hearing on the committal to trial.
Pursuant to Article 67 of the National Code of Criminal Procedure, it is ordered that
this resolution be transcribed.
All intervening parties are duly notified in accordance with Article 63 of the
aforementioned Code.
5. Order of non-indictment with request for precautionary measure.
Judge: Without further ado, the debate and the initial hearing is declared closed at
________ hours of today's date, and the indictment of the defendant
_______________ is denied for the reasons stated in the present hearing.
Likewise, in response to the request made by ______________, the precautionary
measure of _______________, provided for in Article 155 of the National Code of
Criminal Procedure, is fixed for a period of ___________________, since the need
for _________________ has been demonstrated.
(In case of deprivation of liberty) Send an official letter to the director of the social
reinsertion center for the aforementioned purposes.
Notify ____________________, the authority supervising precautionary measures

and conditional suspension of proceedings, so that it may initiate the supervision
process.
be transcribed.

6. Order of non-indictment without request for a precautionary measure.
Judge: Without further ado, the debate and the initial hearing is declared closed at
________ hours of today's date, and the indictment of the defendant
_______________ is denied, for the reasons stated in the present hearing.
7. Order of committal to trial with request for precautionary measures.
declared closed at ________ hours of today's date, and the defendant
_______________ is bound over to trial, for the reasons stated in this hearing.
Likewise, in response to the request made by ______________, the precautionary
measure of _______________, provided for in Article 155 of the National Code of
Criminal Procedure, is fixed for a period of ___________________, since the need
for _________________ has been demonstrated. (In case of deprivation of liberty)
Send an official letter to the director of the social reinsertion center for the
aforementioned purposes.
The deadline of ____________________ for the closing of the complementary

investigation is also indicated.

be transcribed.

8. Order of committal to trial without request for precautionary measures.
declared closed at ________ hours of today's date, and the defendant
_______________ is bound over to trial for the reasons stated in this hearing.
Likewise, the deadline of ____________________ for the closing of the

complementary investigation is also indicated.


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INITIAL HEARING

The judge enters the courtroom.

Judge: Please be seated.

Attendees take their seats

(1) In negative case.

Go to "Individualization of the parties" (item 2).

2) Individualization of the parties

Public Prosecutor's Office: Licentiate ___________, with professional license

Judge: The victim or offended party has the right to speak.

Victim or injured party ( if present): ___________, with address to receive

Victim: I designate ___________.

Victim or injured party: Yes, Your Honor.

Legal counsel (if present): Lawyer ___________, with professional license

Judge: The defendant has the right to speak.

Accused: ___________, with address to receive notifications at ______ (if he/she

Charged: I designate ___________.

Defense Counsel: Yes, Your Honor, I am aware.

Defender: Lawyer ___________, with professional license number _______, with

4) Detention qualification. In the case of a proceeding without a detainee, in

Judge: Based on Article 66 of the National Code of Criminal Procedures, the

Legal Advisor: He/she speaks about the detention.

(1) In the event that the detention is deemed to be legal

In terms of Article 67 of the adjective code, it is ordered that this resolution be

Go to "Formulation of the charge" (item 5).

(2) In the event that the detention is not qualified as lawful

Therefore, based on Article 16 of the Constitution and Article 308 of the

Judge: In accordance with the request of the Public Prosecutor's Office,

5) Formulation of the charge

Accused: Yes, I understand.

Go to "Commitment to trial" (item 7).

(If yes) The defendant will be asked to take the stand.

The accused provides identity data.

Accused: Yes, I understand.

Judge: You may now proceed to make your statement.

Accused: Yes, I understand.

Public Prosecutor's Office: Ask questions.

Accused: Answers questions or declares his/her wish not to do so.

Legal advisor to the victim or victimized person: Ask questions.

Accused: Answers questions or declares his/her wish not to do so.

Judge: The defense counsel has the right to speak.

Advocate: Ask questions.

Accused: Answers questions or declares his/her wish not to do so.

7) Commitment for trial

Judge: Are there any other requests?

Judge: Addressing the defendant. Mr.(a) ____________, the Public Prosecutor's

(1) In case the constitutional term of 72 hours or its duplicity is used.

The accused is informed of his or her right to request judicial assistance to

Are there any other requests?

Public Prosecutor's Office: Yes, Your Honor, the imposition of precautionary

Proceed to "Imposition of precautionary measure" (item 8), then to "Right of

(2) Continuation of the initial hearing

The evidence is presented.

Ombudsman: Answers the request.

(A) Order of attachment.

Judge: Are there any other requests?

Public Prosecutor's Office: Yes, Your Honor, the imposition of precautionary

Go to "Imposition of Injunctive Relief" (item 8).

Go to "Statement of the deadline for closing the investigation" (item 9).

Accused: Yes, Your Honor.

Judge: Are there any other requests?

Public Prosecutor's Office: Yes, Your Honor, the imposition of precautionary

Proceed to "Imposition of precautionary measure" (item 8), then to "Right of

Accused: _____, with address to receive notifications at (if he/she

Defender: Lawyer _____, with professional license number _, with

It is so resolved by _______, judge of control _.

It is so resolved by _______, judge of control _.

It is so resolved by _______, judge of control _.

It is so resolved by _______, judge of control _.

It is so resolved by _______, judge of control _.