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The appropriate time in the criminal oral trial to allege the violation of a fundamental right

The time for the preliminary issues would be an appropriate criminal procedural moment in the oral trial to allege the violation of a fundamental right, regardless of the possibility of the allegation made in the investigation, if that was possible or if it was convenient.

After the allegation of the violation of the fundamental right, the judge will give the floor to the opposing party so that they can allege what is convenient for them.

The most usual thing is that the judge or court decides the question raised in the sentence, so that the practice of the proposed and admitted evidence would then begin.

On other occasions, the previous question raised requires a pronouncement by the judge or court before continuing the trial, as for example can occur in the exceptional case that the lack of impartiality of its members is raised as a cause for recusal of the court, for example for having resolved substantive issues of the trial in a previous proceeding. In such a case, the court may suspend the session or withdraw to meditate on said allegation.

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