CRIMINAL DEFENSE · PROCEDURAL STAGES

Criminal defense throughout every stage of the proceedings

Representation from the earliest investigative actions through trial, appeal, special appeal and criminal cassation.

Discuss the case

Defense begins before formal charges

Early legal intervention makes it possible to understand the allegations, preserve relevant information, prepare for questioning and anticipate decisions that may affect liberty, property or the person's procedural position.

The strategy must be adapted to the stage of the case. A confidential preliminary inquiry does not require the same response as an arrest, a charging hearing, a trial or an appeal against a judgment.

Stages of representation

Preliminary inquiry and investigation

Initial analysis of the facts, review of available information, identification of risks and preparation for actions by prosecutors or judicial police.

Arrest and judicial review

Assistance in connection with arrest warrants or procedures, review of their legality and representation during the corresponding preliminary hearings.

Interviews and questioning

Preparation and legal assistance before and during questioning, interviews, statements or investigative proceedings.

Charging hearings and precautionary measures

Defense during the formal attribution of alleged conduct and against requests that may restrict liberty or impose procedural limitations.

Indictment and pretrial proceedings

Review of the prosecution's theory, disclosure of evidence, exclusion requests, stipulations and preparation of the evidence to be presented at trial.

Trial

Cross-examination of witnesses, presentation of evidence, litigation concerning criminal responsibility and preparation of closing arguments.

Appeals and special appeals

Preparation of challenges against judicial decisions and protection of the right to appeal a first conviction.

Cassation and review proceedings

Analysis of judgments and preparation of extraordinary remedies when legally relevant errors or applicable statutory grounds exist.

Strategy changes throughout the proceedings

During the earliest stages, it may be necessary to preserve documents, review communications, reconstruct the sequence of events or prevent an incomplete version from becoming the basis of the investigation.

During preliminary hearings, the defense may focus on the legality of the proceedings, personal liberty and the precise definition of the alleged conduct.

At trial, the defense must challenge the evidence, demonstrate its limitations and maintain a legally coherent theory of the case.

After judgment, the task is to identify specific legal errors and determine the appropriate remedy.

Matters reviewed

Representation may include review of:

  • The facts and background of the investigation.
  • Actions by prosecutors and judicial police.
  • Arrest warrants and arrest procedures.
  • Interviews, questioning and witness statements.
  • Documentary, digital, technical and financial evidence.
  • Legality of searches, interceptions and seizures.
  • Elements of the charges and indictment.
  • Requests for precautionary measures.
  • Disclosure and admission of evidence.
  • Trial proceedings.
  • Judgments and available remedies.
  • Parallel administrative, disciplinary, fiscal or property-related proceedings.

Defense of individuals and companies

The practice includes representation of individuals, public officials, former officials, business owners, executives, employees, contractors and companies involved in criminal investigations or proceedings.

When disciplinary, fiscal, administrative, corporate or property-related proceedings also exist, the strategy must coordinate the different matters and prevent inconsistent positions.

Representation in appeals and extraordinary remedies

Representation may include:

  • Appeals against rulings and judgments.
  • Special appeal of a first conviction.
  • Criminal cassation.
  • Review proceedings.
  • Applications involving personal liberty.
  • Nullity claims and protection of due process.

This work is carried out as part of criminal cassation and extraordinary remedies.

Parallel proceedings

The same matter may simultaneously give rise to:

  • Criminal proceedings.
  • Disciplinary proceedings.
  • Fiscal liability proceedings.
  • Administrative investigations.
  • Corporate proceedings.
  • Asset forfeiture proceedings.
  • Precautionary measures involving property.
  • Civil, commercial or contractual litigation.

The defense must coordinate these proceedings, including matters requiring international judicial cooperation, to prevent inconsistent positions and protect the client's liberty, property and professional or business interests.

Frequently asked questions

Related practice areas

Consultation regarding a criminal investigation or proceeding

The consultation allows an initial review of the procedural stage, the alleged facts, the available evidence and the applicable defense alternatives.

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