In this video I am going to give you practical advice on what really happens at the hearing of formulation of accusation and also at the preparatory hearing, follow my practical advice so that you do not make a mistake when you go to this important hearing of sanitation; with the indictment and the annex the prosecutor begins the discovery of evidence, which must relate all the material evidentiary elements, the physical evidence and the legally obtained reports, globally of everything that was advanced in his investigation, not only what by conviction he is going to introduce to the oral trial. It is all the acts of investigation, within the community of evidence you can take advantage of, not only is what in your conviction you are going to take to oral trial, that happens in the preparatory, that is when you decide that of all the general is that which is useful for your theory of the case, it may even be that you state and then do not request them, but you as a defender must be attentive to what is stated in the preparatory, because being part of the community of evidence, you can use it for your purposes or for the elaboration of your theory of the case in favor of your client. The acts of investigation of the accusing entity end when it presents the indictment, then do not allow yourself to be added in the hearing of formulation of accusation, the prosecutor should have indicated and discovered in the annexes of the writing that this EMP was pending to be submitted for the preparatory, but if he did not say so, or discover it, you can request the rejection of article 346 of the CPP, at the beginning of the preparatory as stated in the first paragraph of article 355 of the CPP; I hope that when you go to the accusation hearing you already have the document that the prosecutor delivered with the annexes, be prepared for the impediments, jurisdiction, recusals and nullities, also for him to ask you if you should clarify the formal requirements of the annex, for example, that you were missing the address and data to locate the prosecution witness, that you did not say anything about which witness you are going to introduce said document in the oral trial, etc. Nothing more, do not say in that hearing that the crime is not that but another, that you cannot do, because the burden of proof is on the prosecutor and it is he who must go to prove in the public debate, nor allow the judge to butt in so that the prosecutor clarifies or corrects, the principle of impartiality of the judge is violated, remember that you can consult on these issues the jurisprudence of the CC and the CSJ, for example: sentence C-1194 of 2005, the files 25920 of 2007, it is the case of the campín of Bogotá, the same as the file 28847 of 2008, in which if the prosecutor asks you to discover in the accusation, if you have them do it, do it, do not save it for the preparatory school which is where you should normally do it, because if the prosecutor realizes that you had them and did not hand them over violating the principle of equality of arms, he can ask for the rejection of article 346, you also have the right when you delivery in the accusation and if it does not discover it totally or partially, then ask for the rejection of article 346 CPP. the filed 31614 of 2009, in this the judge in the preparatory asked the prosecutor if he had to complement, effectively he discovered two interviews of two witnesses that he cited in the accusation, but that disappeared, then they arrive as reference witnesses through a police officer who collects the interviews, in this very important provision because the court says that the judge is not a stone guest, that the discoveries begin with the delivery of the writing and its annexes, in the formulation of accusation and in the preparatory, that exceptionally there can be discovery in the oral trial by reason of article 344, final paragraph of the cpp. Finally, on the board will appear several sentences of the CSJ that will serve as consultation. This topic is more up-to-date as a result of the recent ruling of the CSJ, filed 46153 of 2015, of which there are 4 videos for you to review and correct. Do not let the prosecutor surprise you, they make many mistakes that can be capitalized on when it comes to the accusation hearing and then in the preparatory hearing.