spanish

Abstract

The problem in the present investigation focuses on the actions of legal professionals (lawyers), within the oral trial hearings, since they do not have oral litigation strategies that lead to a favorable decision for the accused, evidencing a lack of preparation by the legal professional. As a consequence, disproportionate sentences can be given, violating the right to a dignified and adequate defense, even causing the judge to be misled and due to non-observance, the principle of legal certainty and due process is violated. The objective of this research is to provide the reader with adequate technical defense strategies for a correct defense. The methodology that is applied in this scientific document, is part of the theoretical - descriptive bibliographical research, this because in the practical level of the investigation a process of scrutiny, election, organization and processing of information has been carried out, to establish a Theoretical model based on technical defense strategies, applied specifically to the "diablada pillareña" case. Regarding the results presented by the investigation, the majority position presented by the doctrine has been identified, regarding oral litigation techniques, and their application to a specific case, in such a way that useful tools are provided for the elaboration of Defense strategies to be used in the oral trial.