If, due to the particular circumstances of your case, the Public Prosecutor decides to proceed criminally against you, your case must be brought before a judge, and a hearing for binding to process (audiencia de vinculación a proceso) will be held. At this hearing, the Judge will determine whether there is sufficient possibility that you committed the crime of simple possession, and therefore whether a criminal proceeding will continue against you.
If you are bound to process, your attorney must ensure two key things:
1. Access to Conditional Suspension of the Process
The conditional suspension of the process is an alternative to the criminal trial. It consists of suspending the proceedings on the condition that the accused complies with a set of obligations imposed by the Control Judge for a specified period of time.
Once this period is completed and the conditions are fulfilled, the case is closed, and the criminal record is erased.
If the conditions are not met within the established timeframe, the criminal process resumes.
📌 According to Article 195 of the National Code of Criminal Procedure, conditions may include:
I. Reside at a designated place.
II. Frequent or avoid certain places or persons.
III. Refrain from consuming drugs or abusing alcohol.
IV. Participate in special programs for addiction prevention and treatment.
V. Learn a trade, profession, or attend training courses as ordered by the Judge.
VI. Perform community service for the State or public charities.
VII. Undergo medical or psychological treatment, preferably in public institutions.
VIII. Have a job or acquire a trade/profession within a set time if lacking means of support.
IX. Submit to judicial supervision.
X. Do not possess or carry weapons.
XI. Do not drive vehicles.
XII. Refrain from traveling abroad.
XIII. Fulfill child support obligations.
XIV. Any other condition deemed by the Judge necessary to protect victims’ rights.
⚖️ In addition to these conditions, you must also make restitution for damages, if the Judge determines that damages exist. Your attorney must ensure that the conditions imposed are related to the alleged crime and are proportional.
The conditional suspension may be requested from the moment you are bound to process and before the trial formally opens. It may last a minimum of six months and a maximum of three years.
2. Obtaining Precautionary Measures in Freedom
If you decide not to accept an alternative resolution, your attorney must ensure that any precautionary measures imposed allow you to remain free during the process.
The National Code of Criminal Procedure establishes that precautionary measures:
Can only last as long as necessary to ensure the accused’s presence at trial.
Must protect victims or witnesses.
Must prevent obstruction of justice.
The Public Prosecutor must justify such measures based on a risk assessment carried out by the Precautionary Measures Unit.
👉 Your defense attorney can present evidence that there is no risk of flight or danger to others, so that:
You are granted a precautionary measure in freedom, or
If no risk exists, request that no precautionary measure be imposed at all.
📌 If you are in any of these situations, do not hesitate to contact Lic. Jorge Fernández to schedule a consultation and work toward resolving your case.
Would you like me to prepare a step-by-step guide of what to say and what not to say during the binding hearing (audiencia de vinculación a proceso) in English and Spanish?
