Intermediate stage.

Script.

Personajes:
Control judge: Angelica -
Mp: Fatima –
Defendant: Alan –
Defender: Vianey –
Room manager: Sugey -
Legal Advisor of the victim:

Room manager: Good morning, in the Mexican city of this entity,

It is 12 o'clock on July 28, 2022, we are located
constituted in the first control court to carry out
the intermediate hearing within case one of 2022 is presided over by
audience the control judge Jorge Arturo Gutiérrez Muñoz, for the above
those involved and the attending public are requested to maintain silence
due respect, silence, and decorum during the celebrations of the
audience, otherwise the judge may impose a correction
disciplinary in accordance with articles 53 and 355 of the national code of
criminal procedures, I kindly ask you to stand up to receive
the judge.
Control Judge: Good morning, please take a seat, at the place, date, and time
which was pointed out a few moments ago by the young lady in charge of the room
the hearing is declared open, for the purpose of registration I request you
The public ministry agent kindly proceed to identify yourself.
Mp: Thank you, good morning Madam Judge, Gema Guadalupe Chávez Duran, agent
from the public ministry with registered addresses and notification methods
before the administration of this room.
Control judge: The person who accompanies her.
Victim's Legal Advisor: Good morning, Licenciada Kathia Rodríguez
Arroyo, legal advisor of the victim, with notification data
previously registered with this court.
Control judge: Very kind, defense attorney, good day.
Defender: Good morning your honor, Ulises Mota Torres, criminal defender
public with registered address and notification method already recorded
before this court.
Control judge: Thank you, how kind, the person to your right...
Defendant, please provide your full name in front of the
microphone.
Defendant: Good morning, Madam Judge, my name is Leonardo Vargas
Ramirez.
Control judge: Well, I inform the participants that the reason for
the present preliminary hearing is to clarify the facts subject to
controversy and determine the admission or not of the means of evidence that
they offered at this same stage and due to the same cause, the order for which
We were summoned on July 28 of this year, determines the above.
Knowing this, I proceed to verify with you if the conditions are met.
conditions to avoid the trial in this criminal case by virtue of the
celebration of some reparatory agreement, some conditional suspension
of the process or the celebration of the abbreviated procedure, agent of
public ministry something to express in respect.
Mp: We have not accessed any alternate exit nor have we reached any
Agreed, your honor, we will proceed with the interim.
Control judge: Well, anything to express regarding the coadjuvancy.

Legal Advisor of the victim: Nothing to state

Control judge: Miss defense attorney
Defender: there is no possibility, my lord.
Control judge: Well, in light of what has been mentioned a few...
We are now going to proceed to prepare for the upcoming trial, and for that, we
I request the public prosecutor's agent to make a brief presentation of
his accusation.
MP: Well, Your Honor, regarding the fact attributed to Mr. Leonardo
Vargas Ramírez is the following; that on June 13, 2022, he
found at the address located at Álvaro Obregón Street number 32
corner with Privada Jalisco and Jesús Flores Abad of the La Duraznera neighborhood
from this city and that at approximately 14:00 hours he shot at her
on various occasions with a 9mm Beretta brand weapon to the young lady
Jocelin Vasconcelos Álvarez at chest level while this is
found disarmed, causing bursting of visors and hemo
traumatic pneumothorax which was classified as lethal and as
legal medical consequence left the victim unable to continue with
life, facts that in the judgment of this social representation are constitutive
for the crime of homicide which are classified by advantage of
agreement as provided in paragraphs 129 fraction seventh 136 fraction
second clause D in relation to article 133 all mentioned of
current penal code in this state, attributing to it also a form of
penal intervention as a material author according to what is established by the
first fraction of article 21 of the penal code, regarding the
evidence presented for the trial hearing regarding
we offer witnesses to Mr. Ricardo Soto as well as to Mr. Humberto
Falcon Zarate, to the police officer Pedro Márquez Gonzales, to the agent of
police officer Gabriel Torres Guzmán, now regarding experts in
we presented our accusation statement to the expert Dr. Juan Carlos Duran
Carrillo, to the fingerprint expert Hernán Gómez Martínez, in reference to
we offer only an invoice regarding a weapon of
fire, invoice number 19-24 now as material evidence
we offer in our written accusation the weapon that has been described with
previously regarding Mr. Judge to the hearing of
individualization of sanctions the social representation does not have means of
test to offer.
Control judge: Well, what do you have to say about it legal advisor
Victim's Legal Advisor: Thank you, your honor, constituted as
as an assisting accuser, we request the payment for the compensation for the damage which
we have quantified 900 thousand pesos in medical and hospital expenses
for which we offer as proof the consistent ones in 5
receipts for medical fees as well as 4 invoices from Angeles Hospital
concept of hospital assistance, we also request as
repair of the damage the payment of the compensation in specified terms
by article 479m in relation to article 490 of the federal law
work for which we provide the declaration of the specialist medical expert
In occupational medicine, Pedro Gonzales López, is how much your honor.
Control judge: Well, defense attorney, do you have anything to say about this?
Defense attorney: Thank you, Your Honor, this defense will prove in court that the past
On June 13, Mr. Leonardo acts in legitimate defense as he repels a
aggression that is being directed at him/her at that moment by
Jocelin Vasconcelos, which this defense will attest according to the written document.
presented before this court on June 8 with the witnesses of
Javier Prado Fox and Ricardo Martínez Trejo it's all for the defense, Your Honor.

Control judge: That's it, well, the accusation presented by the

social representation on May 27 was notified to them and they are
all of them knowing about it for the purposes of
advertising we could hear in this same hearing a presentation
synthetic that the prosecuting body carried out and we proceed in this case to
open the debate for them to express if they have correction incidents
formal vices of the written text in question, for which I address you in the first
moment to the legal advisor who was established as an assistant.
Victim's Legal Advisor: Well, Your Honor, thank you, we have none.
incident to report.
Control judge: I ask you the same question, Mr. Defender, do you have
any correction incident to carry out regarding the written of the
prosecutor's office
Defender: That is correct, Your Honor, as long as the document does not establish...
Regarding the specific offer from the expert Hernán Gómez Martínez
the indication established by article 335 regarding the points is not made
in which his declaration will have to be made again, for which I request the correction.
of said formal vice.
Control judge: What does the agent have to say about this?
public ministry.
Indeed, Your Honor, the indictment we submitted omitted
that information so I am informing the lady at this moment.
advocate for the points on which the expert Hernán Gómez will testify
Martínez is regarding the report he prepared on the matter of
dactyloscopy on July 24 of this year regarding a weapon brand
9 mm Beretta
Control judge: Is there anything else to present or state? - he addresses the
defender
Defender: That is all in that regard, your honor.

Control judge: The point that was missing the omitted effect in the document of
The accusation is addressed by the voice and it will be expressed in the order.
of opening a oral trial that will be issued in due time remaining
the interveners have been notified, well, I let you know that there is no
matter to open a debate regarding the union or separation of accusations
in attention to the very content of the accusation made by the body
ministerial in this criminal case, and it is enough to say that I grant the opportunity to
the defense must state whether it has exceptions or prior articles
special pronouncement to be made regarding the proposal of the
prosecutor's office
Defender: None for the defense, your honor.
Probative agreements
Control judge: Does the public prosecutor's agent have any offer that
to be made regarding the evidentiary agreements to be celebrated
Sir, this is how it is during previous talks between the defense and this representation.
We have discussed agreeing on the existence of the injury that she suffered.
Ricardo Soto is experiencing a deadly injury, it is supported by the ruling
that was issued by the medical expert Juan Carlos Duran Carrillo on the same day that
The events occurred on June 13, which assessed the victim.
Control judge: Well, do you have anything to say? I ask the coadjuvance.
Victim's Legal Advisor: No, your honor, we do not agree with this.
probative agreement.
Control judge: Well, Mr. Defense attorney?
Defender: I agree with what the prosecution has stated, your honor.
Control judge: Mr. Vargas, do you accept the agreement that is being presented to you?
proposing the prosecution?
Defendant: Yes, your honor
Control judge: Given the above based on Article 345 of
National Code of Criminal Procedure authorizes the evidentiary agreement
celebrated between the prosecutor's office and the accused with no existing opposition by the
assistance in representation of the offended Regina Álvarez Castro, in
consequence of finding data in this way that stems from the
investigation in the present criminal case as the deferred report
medical expert report that I later reiterate was not contested to me
they allow to be certain the fact subject to the agreement that ultimately
it will be inserted into the opening car for the oral trial in order to be communicated
to the different court.
Order to open Oral Trial.
Control judge: in accordance with numeral 347 according to the code
national criminal procedure, I proceed to issue the opening order
in the present criminal case number 1 of 2022, in that regard in the place and the
date indicated by the room manager at the start of the hearing which
it must be inserted in this auto ordering first the opening of the
oral trial in the present criminal case, trial that the court should know
competent in this judicial district, the trial hearing must be held in
finished at exactly 13:00 hours on the 28th of July, 2022, the
accused Leonardo Vargas Ramírez whose personal data is located
in reserve shall come, the accusation on which the trial will be based according to
the exposition of the social representation in the present case will focus on
about the following events; that on June 13, 2022, Leonardo Vargas
Ramírez was at the residence located on Álvaro Obregón street
with number 32 at the corner of Privada Jalisco and Jesús Flores Abad from the neighborhood.
gunshot was fired around 2:00 PM in the duraznera of this city.
the Beretta 9 mm firearm at the chest level of Jocelin Vasconcelos,
who was unarmed causing his death, the qualification
the legal framework outlined in the ministerial indictment is that of qualified homicide
by advantage as derived from numbers 17 first section, 18
{"fraction one":"129","fraction seven":"136","fraction two item d":"133"}
in relation to the degree of direct author intervention attributed to
Leonardo Vargas Ramírez, in accordance with numeral 21 section
first, all the numerals of the current penal code in the entity, in the
particular regarding the offer made by the ministerial body and the acceptance
of the accused, the following evidentiary agreement was held; on March 10
In 2022, Jocelin Vasconcelos died as a result of a
aggression with a firearm, these facts must be regarded as
certain for the purposes of the judgment in the upcoming trial, the means of
evidence that were accepted by the public ministry to be addressed in
The oral trial audience is as follows; the testimonies of number 1.
Ricardo Soto whose address is reserved in this case
also penalizes Humberto Falcon Zarate residing at Ortiz street
102 Campos Street corner with Teresa Ulloa Street in the San colony
Felipe from this city, who will testify about the way in which they were conducted
the aggression against Jocelin Vasconcelos was concluded, the
testimonios de Pedro Márquez Gonzales y Gabriel Torres Guzmán agentes
of police who must be summoned to the known address located at
the municipal police building of this city through its superior
hierarchical, expert Juan Carlos Duran Carrillo was admitted as an expert in
family medicine assigned to the public prosecutor's office of the entity who
will address the medical evaluation that was performed on the victim on June 13th of the
current year, the address of this expert is located on Morelos Avenue
number 1 of the central neighborhood of this city, it was also accepted to the
prosecutor to the expert Hernán Gómez Martínez in the matter of fingerprinting
declare about the exam that I carry out on an instrument
consistent with the weapon brand Beretta 9mm the address of this expert is the
from the forensic services unit of the attorney general's office
entity already mentioned, representation was also accepted
social an invoice with number 1924 and date June 17, 2022 and likewise
a Beretta 9 mm firearm, I do not offer any test medium for it
collaboration for the purposes of the oral trial, the defense was admitted to
Effects of relief in the oral trial audience the testimony of Javier
Prado Fox who will testify about the circumstances in which he observed the
implementation of the injury on Ricardo Soto, the address of this witness is
located at Escudero Street number 704 in the San Felipe neighborhood of this
city, the defense of expert Ricardo Martines Trejo was also admitted
forensic doctor will testify about the medical care and assessment that
I carried out for Mr. Leonardo Vargas Ramírez on June 14, the address of
this expert for citation purposes is located on Morelos Avenue
number 1 of the city center of this city so that they are
overwhelmed in the hearing for the individualization of sanctions and
repair of the damage the social representation did not offer evidence
some for what is before the absence of matter for admission, to the
The following means of evidence were admitted in support; to the expert
Pedro Gonzales Ramírez, a specialist doctor in occupational medicine who
declare about the physical consequences caused by Ricardo Soto
the address of this expert is located at 500 Hidalgo Avenue
the central colony of this city also accepted cooperation
the following documents; 5 receipts for medical fees issued
por el medico pedro Gonzales Ramírez a favor de Ricardo soto, se
4 invoices issued by Hospital Ángeles in favor of Ricardo Soto were admitted.
for hospital care and medication, it was not offered
advance of the test authorized the safeguarding of the general data of the
accused Leonardo Vargas Ramírez and victim Jocelyn Vasconcelos, in
I order and instruct the court administration to issue a summons.
summons to the public prosecutor Gema Guadalupe Chávez Duran
with an address located at 702 Reforma Street in the Centro neighborhood of
this city, to the legal advisor of the victim Licenciada Kathia Rodríguez
Arroyo with an address located at 23 Adolfo López Mateos Avenue
from the Esperanza neighborhood of this city, to the victim Ricardo Soto with
reserved address, to the defender Ulises Soteno Torres with address
located on Morelos Avenue at number 315 in the downtown neighborhood of this
city, to the accused Leonardo Vargas Ramírez with reserved address
As previously stated, it is inserted into the order of
opening the following precautionary status of Leonardo Vargas Ramírez, to
Leonardo Vargas Ramírez was imposed precautionary measures.
foreseen in the first, fifth, seventh, and eighth fractions of the numeral
155 of the national code of criminal procedure according to the ruling dated 12
As of March of this year, the precautionary measures are as follows; the
biweekly presentation before the supervision and execution unit of
precautionary measures in this judicial district, second the prohibition of leaving
from this judicial district, third the prohibition of going to the home
located at Ortiz de Campos Street number 102 corner Condesa and Ulloa
the San Felipe colony of this city, the prohibition of communicating by
any form and by any means with Ricardo Soto, The 4 measures
The aforementioned precautionary measures were imposed for the duration of the entire process and
support of the present criminal case and until it concludes for any
by means authorized by law, I instruct the court administration
send the present order of opening to the trial court
competent within the legal deadline and attached to it in a sealed envelope
the general data of the victim Ricardo Soto and the accused
Leonardo Vargas Ramírez in a sealed envelope for relevant purposes.
I duly notify those who are intervening in the
audience and those who were supposed to attend according to the provision 63 adjective,
informed of the content of the opening order, I request that those who ...
intervene if they have any request, statement, or clarification
In this regard, is there anything to express from the prosecutor's office?

Mp: That is, your honor, only that it be inserted in the opening order of
the subject of the statement by the police officers Pedro
Marques and Gabriel Torres, which was specifically about the arrest.
of the accused Leonardo Vargas
Control judge: Well, it is entered in accordance with numeral 69
adjective, something that manifests

Victim's Legal Advisor: Your Honor, I would like to make a clarification.

regarding the name of the expert specialist in occupational medicine
offered by us for the purpose of repairing the damage I heard him say
Pedro Gonzales Ramírez, the correct name is Pedro Gonzales López
Control judge: it is inserted in accordance with the mentioned numeral
anything else to expose in that regard
Legal Advisor of the victim: no, that would be all.
Control judge: Defense attorney

Defendant: no statement your honor

Control judge: Well, do you have any other requests or statements that
to be done prior to the closing of the hearing, miss agent of the ministry
public?
MP: I only lastly request a simple copy of the audio and
video of the current hearing
Control judge: it would be your last request or statement
The latest
Control judge: legal advisor miss
Victim's Legal Advisor: Yes, your honor, I would like you to issue me
a simple copy of the audio and video of the present hearing
Control judge: would this be your last request?

Victim's Legal Advisor: yes

Control judge: sir defender, I ask you the same question.
Defender: likewise, your honor, a simple copy of the audio and video
present audience
Control judge: do you have anything else to present?

Defendant: Nothing, sir

Control judge: Mr. Vargas, before closing the hearing, something that
to manifest or request to the court
Defendant: No, Your Honor
Control judge: based on numeral 50 adjective, I authorize the
issuance of copies of the recording requested by
the participants so that they may be delivered to them respectively in the
number and shape that have been referenced in the public attention module
from the court with prior identification and signature acknowledging receipt
act of his delivery, there being no further matters on which to issue
any pronouncement the appropriate thing is to declare the closure of the hearing