La clausura como conclusion de la actuacion del abogado en el juicio oral

Abstract

The process, the audience of the trial proper, as having three stages: the opening, the evidence, and the closing. The Discourse of Closing concludes everything that has been processed during the oral trial. Both the case and the juridical theories inform the whole of the attorney’s performance during the oral trial because they are included in the opening and the closing discourses, and they should also be coherent with what has occurred during the evidence stage. The key decisions are an elaboration that the attorney makes in light of all the positive facts of the case and juridical theories that have been considered fundamental for our party and that were approved of during the trial. Minimization of the negative facts consists of giving less importance to the negative aspects for the case and juridical theories themselves. Finally, as far as anticipation and refutation, according to the case, of the other party’s arguments are con-cerned, counteracting them should be the right thing to do; the above is achieved by building up, again, argumentations and analyses of what the other party upholds, looking for weaknesses and/or incongruence. It is herein suggested that the main elements of a closing strategy is the exposition of the Theory of the Case and the Juridical Theory, basically translated into Key Decisions, Minimization of the negatives facts, Refutation or Anticipation of the other party’s Case and Juridical theories.