La igualdad procesal en el anuncio y producción de la prueba a cargo de los terceros dentro de las audiencias en juicio ordinario.

Abstract

The inclusion of an oral system in the previous procedures in the General Organic Code of Processes has as its purpose the recognition of the procedural principles of speed, procedural economy among others. Thus, in the ordinary procedure, a new procedural structure has been designed to develop in two hearings: the preliminary hearing and the trial hearing, which is found in the rest of the proceedings are not affected, which has led to junctures in criteria of application of the regulations for third parties. In the case of this kind of procedural part, its comparison and determined the supply and probative production, is treated in inequality with the rest of the procedural issues. Giving as a result in legal practice, an obvious violation of the principle of procedural equality and the rights to defense and contradiction at the time of probation by third parties. The situation arises when in an ordinary procedure the third party compared directly to the trial hearing and not in the preliminary one, which is precisely in which the test is announced, offered and qualified; that is, by not being present in this second phase of the preliminary hearing, the third party is exempt from the judge qualifying the legal aptitude of his evidence and therefore producing in the trial hearing, all that he has received in his request. This controversial situation could lead to delays in the process and violations of rights to other parties.