Relocation and appointment of another court to try the case in the context of the Code of Criminal Procedure currently in force

Abstract

In order to carry out the criminal trial in optimal conditions, it is necessary to have confidence in the objectivity and impartiality of the procedural subjects entrusted with solving the criminal case. To the extent that there is a reasonable suspicion that the impartiality of all judges of a court is affected by the circumstances of the case, the quality of the parties or when there is a danger of disturbing public order, the procedural remedy is the institution of relocation.

The measure of relocation implies a derogation from the rules of territorial jurisdiction, determining a shift of territorial jurisdiction between courts of the same rank and of the same nature. In practice, the territorially competent court, in relation to the ordinary rules, is replaced by a delegated court. With regard to the subject-matter of this procedural remedy, we consider that the admissibility of a request to relocate the settlement of a case within a judicial procedure, separate from the trial of the merits of the case, should not be ruled out.

In certain situations, the grounds for substantiating the relocation of a criminal case may be known since the pre-jurisdictional phase of the criminal investigation, in which case, the procedure for appointing another court to try the case may be applicable. Even if it is provided in a separate text of law, it does not represent a new institution, but appears as a special means of relocation, which may occur prior to the notification of the criminal court with indictment.