Steps for Introducing Evidence at Criminal Trial

By: Anavitarte, E. J.*

Until before the oral trial hearing, there is no evidence in the process: only physical phenomena ─ exhibits, testimonies, documents ─. This to guarantee the accused procedural principles such as immediacy, defense and contradiction; since these phenomena, even if it seems conducive, may be flawed by multiple circumstances, and not demonstrate the criminal responsibility of the accused.

To convince the judge, or the jury, the public prosecutor has the burden of supporting its theory of the case with suitable means of proof, which allow it to build a credible and convincing narrative of the criminal responsibility of the accused. And the defense, the duty to take an active attitude to maintain the presumption of innocence of the client.

It should be remembered that in the adversarial model the burden of proof falls exclusively on the parties, and not on the judicial apparatus. So the role of the judge is to determine whether the ─ up to that time ─ evidence can prove the claims of the parties.

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