Simplified Procedure
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ScribdTranslationsSimplified Procedure
Uploaded by
ScribdTranslationsSimplified Procedure
It is one that allows an oral trial to be held before the guarantee judge, devoid of major formalities
in its preparation and development, when an accusation is made for misdemeanors or acts
constituting simple crimes for which the Public Ministry requests a penalty that does not exceed of
minor imprisonment or confinement in its minimum degree, unless the rules of the abbreviated
procedure are applied, if its admissibility requirements are met.
The simplified procedure eliminates the preparatory stage formalized through the indictment,
where the imputation of the facts is made in the accusation or in the hearing for the discussion of
the opening of trial; In this procedure there is no initial hearing, and you go directly to the
intermediate hearing, this is regulated in article 465 bis of the CPP of Guatemala.
ARTICLE 465 bis. Simplified procedure.
When the prosecutor so requests, a special procedure will be carried out, applicable to cases
initiated by flagrante delicto or by summons or arrest warrant, where no subsequent or
complementary investigation is required, governing, apart from the general procedural rules, the
following specifics:
1. Procedures prior to the hearing:
to. Oral request from the prosecutor for the application of the simplified procedure;
b. Impose on the accused the accusation of charges formulated by the prosecutor, and the
investigative elements available to him so far;
c. Sufficient time to prepare the defense;
d. Prior communication to the victim or injured party of the tax decision and the hearing to be
held;
2. Audience proceedings:
to. Prior identification of the accused, as established in article 81 of the Criminal Procedure Code;
b. imputation of charges by the prosecutor, arguing and substantiating his requirement to bring
the accused to trial, making reference to the verifiable fact and the evidentiary bodies with which
he intends to prove them in the trial;
c. Intervention of the accused to exercise his material defense;
d. Intervention of the defense and the plaintiff to argue and substantiate their claim based on their
theory of the case; |
and. Intervention of the complainant, civil actor, victim or aggrieved party, so that they can
express themselves regarding the previous interventions;
F. Immediate decision of the judge, duly reasoned.
If the opening of the trial is declared, it will proceed in accordance with the common rules of
criminal proceedings.
*Amended by Article 12, of Congressional Decree Number 7-2011 on 06-30-2011
The simplified procedure begins when the prosecutor requests it in case there is a case of
flagrante delicto or by summons or arrest warrant, “Article 257 CPP, Arrest.” The police or a
particular subject can make the arrest and the Public Prosecutor's Office can request it when it
does not require carrying out a subsequent investigation or complementing the one it has. Once
requested, the Phase of Procedures prior to the hearing begins, where the Public Prosecutor's
Office requests the application of a simplified procedure, letting the accused know the charges of
which he is accused and all the investigative elements that the prosecutor has available. Until now,
without undermining the accused's right to defense, he will be given a reasonable period to
prepare his defense. Likewise, the victim must be informed of the prosecutor's decision and the
subsequent hearing.
Diligence Phase of the hearing: Once at the hearing, the accused is identified, asking his or her full
name, age, marital status, profession or trade, nationality, date and place of birth, address and
place of residence, if any. , name of the spouse, children and people with whom he lives, if they
depend on him or are under his guard. The judge will warn you of your fundamental rights and will
warn you not to testify, he will explain in simple and clear words the charges against him, making
reference to the justification and requirement to take the accused to trial, they will also indicate
the verifiable fact and the means of evidence available to the Public Ministry. Next, the accused
asserts his right to choose the defender he trusts and if he does not exercise this right the court
will grant him one ex officio. The defense and the plaintiff will be given intervention to present
their arguments and substantiate their claim. The court will give intervention to the complainant,
civil actor, victim or aggrieved party, so that they can express themselves about subsequent
interventions. Finally the judge will give his duly reasoned decision. If in your case the opening of a
trial is declared, we proceed in accordance with the rules of the common process.
Features of the simplified procedure
a) It is a specific procedure: it is called specific because its procedure is different from that of
the common ordinary procedure and because the law establishes it so. But the law also
allows provisions of the common criminal process to be applied in this procedure.
b) It operates as a mechanism to decongest the system: the continuity of the criminal
process or its completion by means other than the sentence, implies another basic
principle of jurisdiction such as the right to a trial without undue delays, which in criminal
law, assumes greater urgency because rights are at stake to which the Political
Constitution of the Republic of Guatemala assigns special protection.
c) It is applied on the exclusive initiative of the Public Ministry: This procedure can only be
carried out on the initiative of the Public Ministry because this is established by the
Criminal Procedure Code in article 465 bis. Only the Public Prosecutor's Office can request
the simplified procedure, lawyers and union members cannot request the procedure from
the judge.
d) The rules of the common criminal procedure, articles 465 Bis CPP, are additionally
applied, in the last paragraph it states: “... If a trial is declared open, the common rules of
criminal proceedings will be followed.”
