The initial hearing in a criminal proceeding is a fundamental procedural stage that takes place before a judge, in which key aspects related to the legal situation of the accused are decided. It is held after the Public Prosecutor has filed a formal complaint against a person for the possible commission of a crime.
Main characteristics:
It is an oral and public hearing, except in exceptional cases (such as protecting the victim or witnesses).
The accused has the right to be assisted by a lawyer.
The judge must ensure that the rights of the accused, the parties, and the victims are respected.
The initial hearing is crucial because it establishes the course of the criminal process and defines whether the case will move forward to later stages, such as the intermediate hearing or the trial.
