Articles 4, 15, the final paragraph of article 22, subsection f) of article 33, and articles 43, 58, 256, 258, 319, and 340 of the Code of Criminal Procedure, Law No. 7594, of April 10, 1996, and its reforms, are hereby amended. The texts shall read:
"Article 4.- Speedy Justice Every person shall have the right to a final judicial decision within a reasonable time. To achieve this objective, oral processing through hearings shall be preferred during the proceeding." "Article 15.- Correction of Formal Defects The court or prosecutor who finds a curable defect in any act, ordinary recourse (recurso ordinario), or petition for the formal appearance of the subjects of the proceeding, shall notify the interested party and grant them a period to correct it, which shall not exceed five days. If not corrected within the granted period, the corresponding decision shall be rendered." "Article 22.- Principles of Legality and Opportunity [...]
The request must be filed before the court that will decide the matter, according to the procedure established for the conclusion of the preparatory procedure (procedimiento preparatorio)." "Article 33.- Interruption of the Prescription Periods [...]
- f)The issuance of the trial judgments and those of the appellate court (tribunal de apelación).
[...]." "Article 43.- Procedure Preliminary objections (excepciones) shall be raised orally in the hearings. The evidence justifying the facts on which they are based must be offered. The request shall be served on the opposing party.
The court shall admit the relevant evidence and decide, without delay, what corresponds." "Article 58.- Time and Manner of Challenging When filing the recusal (recusación), the grounds on which it is based and the relevant evidentiary elements shall be indicated, under penalty of inadmissibility. It shall be filed within twenty-four hours of becoming aware of the grounds on which it is based. During hearings, the recusal shall be raised orally." "Article 256.- Recourse (Recurso) During the preparatory procedure (procedimiento preparatorio) and intermediate procedure (procedimiento intermedio), the resolution ordering pretrial detention (prisión preventiva) for the first time or, after the first three months have elapsed, rejecting an alternative measure (medida sustitutiva), shall be issued in a hearing and shall be subject to appeal (apelable) without suspensive effect.
Resolutions imposing any other precautionary measure (medida cautelar) or rejecting an alternative measure (medida sustitutiva) when issued during the preparatory procedure (procedimiento preparatorio) and intermediate procedure (procedimiento intermedio) shall also be subject to appeal (apelable), in the same manner and without suspensive effect, provided they do not fall under the cases of the first paragraph. For these purposes, only the indispensable documents for deciding the matter shall be sent to the court, and the established procedure for processing the appeal (recurso de apelación) shall not apply." "Article 258.- Extension of the Pretrial Detention (Prisión Preventiva) Period At the request of the Public Prosecutor's Office (Ministerio Público), the period provided for in the preceding article may be extended by the Sentencing Appeals Court (Tribunal de Apelación de Sentencia), for up to one additional year, provided it sets the specific time of the extension. In this case, the court must indicate the necessary measures to accelerate the processing of the proceeding.
If the trial court issues a conviction imposing a custodial sentence, the period of pretrial detention (prisión preventiva) may be extended by means of a reasoned resolution, for six additional months. This last extension shall be added to the pretrial detention (prisión preventiva) periods indicated in the preceding article and in the first paragraph of this provision.
Once these periods have expired, a new extension of the time of pretrial detention (prisión preventiva) may not be ordered, except as provided in the final paragraph of this article, to ensure the holding of the trial (debate) or a specific act, to verify suspicion of flight, or to prevent the obstruction of the investigation of the truth or recidivism. In such cases, the deprivation of liberty may not exceed the time absolutely necessary to fulfill the purpose of the provision.
The Sentencing Appeals Court (Tribunal de Apelación de Sentencia), exceptionally and on its own motion, may authorize an extension of the pretrial detention (prisión preventiva) exceeding the previous periods and for up to six additional months, when ordering the referral (reenvío) for a new trial.
Exceptionally, the Criminal Cassation Chamber (Sala de Casación Penal) may extend, in matters under its jurisdiction, the pretrial detention (prisión preventiva) for up to six months beyond the previously authorized legal terms." "Article 319.- Resolution Once the hearing is concluded, the court shall decide, immediately and orally, the issues raised. Only due to the lateness of the hour or when it concerns a matter of complex processing, may the judge defer the decision for up to twenty-four hours.
It shall analyze the admissibility of the indictment (acusación) or the private complaint (querella), in order to determine if there is a basis for trial or, as the case may be, if it is appropriate to dismiss the case (desestimar la causa) or dismiss the charges against the accused (sobreseer al imputado) in whole or in part.
It may also examine, according to the established procedure, if it is appropriate to apply an opportunity criterion (criterio de oportunidad), the abbreviated procedure (procedimiento abreviado), suspend the proceeding on probation (suspender el procedimiento a prueba), or authorize the application of the rules for matters of complex processing (asuntos de tramitación compleja).
It shall decide the preliminary objections (excepciones) raised, order the corresponding advance evidence (anticipos de prueba), and rule on the separation or joinder of trials; it shall decide on the admissibility of the evidence offered for the trial.
If the parties have reached any agreement on the civil action, it shall order what is necessary to execute what was agreed.
At this same time, the court must examine the appropriateness, ratification, revocation, or substitution of the precautionary measures (medidas cautelares)." "Article 340.- Dismissal (Sobreseimiento) at the Trial Stage If a cause extinguishing criminal action arises and the holding of the trial (debate) is not necessary to verify it, the court may issue the definitive dismissal (sobreseimiento definitivo).
The Public Prosecutor's Office (Ministerio Público), the victim, the private complaint party (querellante), and the civil plaintiff (actor civil) may file an appeal against the judgment (recurso de apelación de la sentencia) against the decision."