Abstract

TORRES ESQUIVEL, Luz María Teresita; MARTENS, Juan  and  MARTINEZ MERCADO, Arnaldo. The account of the facts at the opening proceedings of the public oral trial at the Criminal Courts of Guarantee of Salto del Guairá, years 2019 -2020. Acad. (Asunción) [online]. 2023, vol.10, n.1, pp.88-102. ISSN 2414-8938.  https://doi.org/10.30545/academo.2023.ene-jun.8.

The account of the facts describes, with factual propositions, the historical event that supposedly occurred in the real world and conjectured by the prosecution as what actually happened. This study was developed with the objective of analyzing the propriety of the construction of the account of the facts in the opening proceedings of a public trial, issued by the Criminal Guarantee Courts of Salto del Guairá between February 2019 and February of 2020. A qualitative study was carried out. All the accounts of the facts of all the resolutions issued by the aforementioned courts in the period between February 2019 and February 2020 were subjected to thematic analysis based on pre-established criteria. The analysis allowed the generation of descriptive categories of the discursive aspects of the account of the facts, that affect or impede their refutation. Of 70 accounts analyzed, only one met all the criteria for propriety. The study shows recurrent patterns of aberrant practices in the construction of accounts. The analysis highlights the violation of the right to defense and the consequent degradation of guarantees expressly enshrined in the National Constitution of Paraguay.

Keywords : Account of the facts; right to defense; opening proceedings of the public oral trial.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )