The oral and public trial is the decisive stage of the criminal process: this is where evidence is produced and assessed, versions are confronted, the prosecution is sustained, and the defense is exercised in hearing. What happens during the debate defines the verdict.
When the verdict is unfavorable, the appeals — cassation, federal extraordinary appeal, complaint, revision — are the last opportunity to reverse the case or, at least, mitigate its consequences. We support clients at each of these stages with rigorous preparation: trial strategy, cross-examination of witnesses and experts, technical closing arguments, drafting of appeals with a solid federal question, and, where appropriate, reaching the Supreme Court.
Analysis of all prosecution evidence, identification of weak points, submission of defense evidence, planning of witness order, preparation of documentary and expert evidence. Pre-trial preparation defines the possibilities during the trial.
Cross-examination is the central defense tool: it allows prosecution testimony to be challenged, contradictions to be exposed, and the limitations of expert reports to be demonstrated. It is a technique prepared in advance and executed with precision.
The closing argument synthesizes all evidence and integrates legal arguments. We seek not only a rebuttal of the prosecution's case, but also a coherent alternative narrative that the court can adopt.
Abbreviated proceedings (art. 431 bis CPPN) may be a strategic alternative when there is strong prosecution evidence. In CABA, the Province of Buenos Aires, and other jurisdictions, jury trials are also conducted under their own rules.
Filed for non-compliance with or erroneous application of substantive or procedural law. The Casal doctrine of the Supreme Court extended the scope of cassation to a broad review of the facts: the appeal is today a genuine second instance.
Filed when the verdict raises a federal question: violation of constitutional norms or guarantees, interpretation of international treaties, arbitrariness doctrine. We apply the formal requirements of CSJN Accord 4/2007.
When a court denies an appeal, a direct complaint is filed with the higher instance. The appellate technique requires demonstrating compliance with admissibility requirements and the relevant federal question.
Filed against final verdicts when new facts arise, subsequent evidence emerges, or it is demonstrated that the conviction was based on a falsehood. It is the system's last guarantee and requires highly solid evidence.
A fast-track remedy against unlawful deprivation of liberty or worsening of detention conditions. Available at any point in the proceedings or enforcement.
Even after the final verdict, professional assistance remains essential: sentence calculation, temporary releases (Law 24.660), parole (art. 13 PC), assisted release, substitutive enforcement, appeals against rulings of the Enforcement Court. The defense does not end with the verdict: it extends throughout the entire period of serving the sentence.
How long does an oral trial in CABA take?
Between 6 months and 2 years from referral to trial until the hearing, depending on the complexity and the court's caseload.
Is the abbreviated proceeding a good idea?
It depends. It is a strategic decision that weighs the strength of the prosecution's evidence, the potential sentence in ordinary versus abbreviated proceedings, and the benefit of avoiding a public hearing. Each case is analyzed individually.
If the verdict is unfavorable, how far can I appeal?
Cassation, then the Federal Criminal Cassation Court, then the federal extraordinary appeal before the Supreme Court. A total of 3 additional instances after the oral trial.
Does the Supreme Court hear all cases?
No. The Court has a strict admissibility system (Accord 4/2007 and certiorari under art. 280 CPCCN). A well-constructed appeal with a solid federal question significantly improves the chances of admission.
If convicted, can I remain free during the appeals?
It depends. A non-final conviction may or may not entail actual imprisonment. We work to preserve freedom during the appeal period whenever possible.