Member Article

Out of general interest, we are forwarding the following Informative Note with respect to the first oral trial in Mexico, something that took place in the Municipality of Montemorelos, State of Nuevo Leon, in February 2005. Oral trials have been possible since November 25 of last year when the law of Nuevo Leon changed to allow this in non-serious culpable felonies. The trial was an example of judicial speed. Within a period of five hours, from 10:00 a.m. to 3:00 p.m., 19 witnesses testified publicly and documentary evidence was filed related to an automobile accident which occurred on December 4, 2004. As a result of this accident, the driver Alejandro Javier Santana was accused of driving under the influence of alcohol and causing the death of one person and serious injuries to another. In a normal criminal proceeding, this matter would have taken at least three months to complete, based on the traditional written format. In the above oral trial, only one witness’s statement was left pending, since the party did not appear on the date for the trial. The judge declared an adjournment until later on in the week and if the witness appeared, within the following two business days after the evidence was heard, the court would issue its judgment. The proceedings began on December 8 with the preliminary statement of the accused made at a pre-trial oral hearing before court in charge of the same. This statement was, in turn, submitted to the Criminal Court hearing the matter. Formally, the court clerk initiated the historic session asking all those present to rise and allow the judge to enter the court to take his chair. The judge hearing the matter gave an opening statement emphasizing the importance of the event and stating: “I would like to inform those present that this is the first oral hearing trial in the State of Nuevo Leon and in Mexico.” The court room was full and some of those attending had to remain outside in the corridor. The judge occupied the dias and in a table in front of him were the accused with two counsel and on other on the side, the prosecutors. Various officials from the state and federal Attorney-General’s Offices were among those present. The court clerk called witnesses to the stand, telling them to directly address the Judge. Unlike traditional proceedings, the accused heard all the testimony of the witnesses and had the opportunity to examine the witnesses to clarify the facts. The trial also allowed both sets of counsel to make objections directly to the judge on the admissibility of questions asked by the other counsel, and immediately receive approval or denial of the objection. The phrase “objection, your Honor,” that in a traditional trial is not used, was heard during the hearing. The majority of the objections were agreed to by the Judge who asked the question to be rephrased. The defense counsel directed their questions to demonstrate that the accused was not under the influence of alcohol on December 4 when he crashed a truck’s friend. The taking place of the first oral trial in the Municipality of Montemorelos, Nuevo Leon, was qualified as historic and the first step in the modernization of the Mexican justice system, something expected from the swifter disposition of criminal matters.