Aspects of the Normative Jurisdiction on the testimony of the childor adolescent that affect the procedural principles of immediacyand contradiction to the detriment of the accused in the trialphase of the Venezuelan criminal procedure

Abstract

The Constitutional Chamber of the Supreme Court of Justice, through binding judgment number 1049, File 11-0145, dated 30 July 2013, has established binding criteria for justice operators in the criminal area, to make use of the anticipated evidence for the account of children or adolescents whether as victims or witnesses, basing this on the Principle of the Best Interest of the Child, provided in Article 78 of the Constitution of the Bolivarian Republic of Venezuela, in order to prevent them from being subject to revictimisation. In my opinion, this position violates due process to the detriment of the accused, as well as the principles of immediacy and contradiction during the evidentiary practice that takes place in the oral trial phase of the Venezuelan criminal process.