A new oral hearing that could be held before a year

How long can it take to celebrate? Retrial of the Sala trial? From the Alicante Court, signaling will be very agile and that the repetition of the hearing should not be delayed more than a year. Chief justice Juan Carlos Ceron He assured me that the machines would start working as soon as the sentence was received from the Supreme Court to decide by what point everything should go back to the way it was before. “We will examine the decision and see where the nullity will lead,” he said.

Sala case reaches ECtHR January 2019 will be tried by a jury. In less than a week, the magistrate had already been appointed Francesca Bru He will preside over the people’s court, and the trial was scheduled for a little over eight months.

The circumstances are not the same, so it cannot be predicted whether it will take the same amount of time to signal the new trial, even from the Trial. will be the first step electing a new magistrate as well as chairing the juryr bag to elect members of the people’s courtThe bag is renewed with a biannual lottery. One of the first points that the new judge must examine is whether he will issue a judgment of admissible facts or whether the same decision made in the previous case will be valid. It is a decision that frames the axes on which the trial should move, namely the facts on which the interrogations will focus, the witnesses to be summoned and the evidence presented by the parties. It should also be investigated before the trial begins whether there is any previous question of legal significance to raise by the parties, so the intervention of the jury is not necessary to resolve the issue.

The appointment of a magistrate is made in shifts, in strict order of entry, as jury cases come to the Court. “It is desirable that you set a new date and not have to do any more paperwork,” Cerón told this newspaper.

While it is clear that there will be a new magistrate, he will not be the only one to be tried for the first time. There is New attorney for the Justice Administration The head of the bureau and the three officers assigned to him were elsewhere when the first hearing was held.

Another fundamental question is what will be the status of the Hearing Jury’s agenda. The judicial sources referred to by this newspaper stated that the studies carried out in the last two years ensured that the agenda was more or less up-to-date in this period. Between now and summer, two murder cases are pending and their defendants are in jail, so it’s urgent. Likewise, other cases are expected to come from other courts over the next few months, such as the shooting death of a suspected drug trafficker in an urbanization of El Campello; or another crime that occurred a little over two months ago in Alicante, in which the victim was shot five times by another man who blamed himself for the injury sustained in a clash between clans.

An undesirable reason

The difference between these processes and the Sala case is that if they come before the Trial, their appointment is preferred since their defendants are in jail and must be tried within four years. Miguel López has been on the loose since March 2017, so the charge is considered not urgent.

Cerón highlighted the work done in the jury office last year to clear the agenda. twenty popular jury trials, an attempt was made to increase the speed of multiple transactions per month and possible relevance. The room suffered a significant traffic jam due to the judicial holiday caused by the pandemic and mandating the suspension of everything specified in the months when the quarantine was extended.

All addresses and phone numbers of witnesses who testified at the previous hearing in the Sala trial are stored in the jury’s office. Even the prosecutor’s office drew attention to this. you don’t have to call everyone and focus on what may be of greater interest to the parties’ arguments, in light of what is already known about what they might contribute to the case. Once the hearing is on the agenda, it will be time to start calling witnesses and begin the jury selection process.

Other cancellations: insufficient reasoning in Wanninkhof case

One of the most remembered cases by the Supreme Court regarding the nullity of a jury trial was the 1999 murder of young Rocío Wanninkhof in the town of Mijas, Málaga, and the case in which Dolores Vázquez was found guilty. In this case, the Supreme Court found the reasoning of the jury on which the jury relied was insufficient. Everything is doomed to repeat another case when the case takes a radical turn with the revelation of the DNA of a new suspect of Tony Alexander King. King’s arrest for killing Sonia Carabantes helped identify genetic remains of unknown origin found on Wanninkhof’s body. Dolores Vázquez was cleared before the new trial and did not have to sit on the bench again. The motivation of the jury when closing their verdict is often one of the aspects that the Supreme Court most often works on in deciding whether to overturn or uphold a sentence. In the case of the murder of María del Carmen Martínez, the verdict was overturned because the arguments presented to convict Miguel López were deemed insufficient. Within 48 hours, the court gave another verdict to the contrary and acquitted the accused. The problem is that the first draft was destroyed and the charges failed to assess whether their motivation was sufficient to convict. JAM/MG

Source: Informacion


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