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In addition, it must be documented in a succinct record authorized by the Attorney of the Administration of Justice where the identity and signature of all those involved are recorded. Specialties in the declaration of minors under 14 years of age or people with disabilities The Judge may agree (this is usual for very young children) that the hearing to take their statements is carried out through a psychosocial team in specialized rooms. The specialties are the following: A psychosocial team studies the personal, family and social circumstances of the person who is going to testify, to personalize the person's treatment and improve test performance. The parties (Prosecution Ministry, private prosecution if there is one, Lawyer of the investigated person) forward to the judicial authority the questions they want to ask. The judicial authority assesses whether the questions are useful and pertinent and, if applicable, they are transferred to the experts who are the ones who ask them to the witness, in the way they consider according to their experience.
When the hearing is over, the parties may request clarification from the witness. For which the same process explained above is followed. The Judge, after hearing the parties, may request from the expert a report explaining the development and result of the hearing of the minor. The statement will always be recorded. Does the victim or witness have to testify again at trial if the pre-constituted evidence has been taken? When a DM Databases statement has been taken from the witness or victim-witness as pre-constituted evidence, they will not have to attend the oral trial to testify again. How is pre-constituted evidence used in court? For a procedure carried out during the investigation phase to have value as evidence, it must necessarily be carried out during the trial. The way this specific procedure is introduced in the oral trial consists of reproducing the audiovisual recording of the preconstituted statement of the witness or witness-victim.
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What is the value of the pre-constituted test? Preconstituted evidence has full probative value like any other evidence , provided that it is carried out in accordance with the rules that regulate it, respecting the right of defense of the person under investigation, and that it is correctly introduced in the trial.This crime is new, it has been introduced by Organic Law 10/2022 (known as the Only Yes is Yes Law). How is the crime of harassment prosecuted? To prosecute the crime of harassment, it is necessary for the offended person, or their legal representative, if applicable, to file a complaint . This is except when the aggrieved party is one of the persons referred to in section 2 of article 173, in which case it is not necessary to report them or their legal representatives.The true scenario of the attack on Silvio's dignity was a virtual, telematic scenario, which projected its effects beyond the place in which the victim lived poorly and in which he tried to obtain alms that would allow him to survive.
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