Misdemeanor Trial Procedures: Understanding the Legal Process
Misdemeanor Trial Procedures
Jurisdiction and Initiation
The ordinary trial for misdemeanors established a short, simple procedure suitable for the minor nature of these offenses. In this procedure, the instruction phase is omitted, bringing the initiation and conclusion of the trial closer together. The common procedure is the alternative for the immediate trial of misdemeanors and should preferably attempt expedited processing.
The jurisdiction of the ordinary trial for misdemeanors corresponds, according to the offense, to the Instruction Courts or Magistrates’ Courts. The former handles all offenses committed in the municipality where they reside, except for certain articles of the Penal Code, which are handled by the magistrate of the municipality in which they were committed. The general rule for territorial jurisdiction is the place of committing the offense.
The intervention of the prosecution in the trial of offenses is prohibited in the case of offenses only prosecutable by a party. The assistance of counsel is optional, although the right to the appointment of counsel in proceedings for offenses is recognized to avoid inequality.
Initiation of Proceedings
Initiation of regular trial for misdemeanors occurs by order of the judge or magistrate after receiving the news through a criminal report, complaint, grievance, or the transformation of a crime into a misdemeanor trial.
Hearing Scheduling
If it appears that it is not possible for the immediate conclusion of the trial, the first hearing will be scheduled based on competition. Unlike other criminal proceedings, the trial of offenses does not include an instruction stage before the trial. This procedural scheme is designed not only to ensure concentration and immediacy but also to allow the same judge who initiated the proceedings to prosecute and sentence.
Pre-Trial Proceedings
There are basically three pre-trial proceedings:
- Ascertaining the identity of the accused: This is necessary not just to identify and summon them at the trial but also to take their statement before the hearing, as reported in the complaint, and to inform them of their rights.
- Expert opinions: These are often required for the accreditation of the facts of the case and the correct criminal classification. For example, in injury cases, a medical opinion is necessary to determine the severity, which depends on their classification as a felony or misdemeanor.
- Subpoenas: These are required to ensure the presence at the hearing of the accused, the complainant, witnesses, and experts.
Trial
Evaluating the notitia criminis received by the judge allows for the nearly simultaneous opening and trial procedure. The appearance of the accused is not mandatory. What is remarkable about the court proceedings for misdemeanors is that the phases are not distributed in transactions but in parts. In the first stage, it is the prosecution’s turn for arguments and evidence. In the second, the allegation and proof are on the defense. The third phase is for processing and reporting conclusions, after which the trial is seen for sentencing.
The Ruling and Appeal
The ruling that terminates the proceedings can be appealed by filing within five days after its notification. The corresponding appeal must be submitted before the same court that handed down the sentence and will be resolved by the superior court or tribunal. If the sentence was handed down by the Magistrates Court, the appeal will be decided by the Magistrate’s Court. If it was dictated by the Magistrate’s Court, it shall be resolved by the Provincial Court. The judgment ruling on the appeal cannot be appealed further.