B.1. Public oral hearing 44. The public oral hearing took place on January 13, 2005,40 in which the court decided to admit documents and statements offered by Mr. Lara. The hearing was then suspended under the terms of Article 335(4)41 of the Organic Code of Criminal Procedure, and its continuation programmed for January 18, 2005. 45. On January 25, 2005, the hearing resumed42, and the court decided to admit the statements offered by Mr. Álvarez. The hearing was suspended once again until January 26, 2005. 46. On January 26, 2005, Mr. Álvarez, through his representatives, requested that the proceedings be suspended for a period of seven days in order to undergo tests due to a medical condition.43 The hearing was postponed until February 2, 2005. 44 47. On February 2, 2005,45 the public oral hearing resumed. On that occasion the witnesses offered by the parties provided their statements. Mr. José Rafael García García, President of the Retirees and Pensioners Association of the National Assembly, testified for two consecutive days regarding the facts known to him. 46 On the second day, February 3, 2005, based on Articles 34547 of the Organic Code of Criminal Procedure and 243 48 of the Criminal Code, Mr. Lara’s lawyer requested that an investigation be opened against the witness for the commission of a crime during a hearing. The judge granted this request and ordered Mr. García’s immediate arrest.49 48. On February 9 and 10, 2005,50 the hearing continued with the statements provided by the witnesses offered by the parties. Once the admission of evidence stage had concluded, the prosecution and the defense presented their conclusions.51 Cf. Record of the public oral hearing, Case No. 246-04, issued by the Seventh Trial Court (evidence file, folios 2181 to 2192). 41 Article 335(4) of the Organic Code of Criminal Procedure establishes that: “Concentration and continuity. The court shall conduct the hearing in a single day. If this is not possible, the hearing shall continue on as many consecutive days as are necessary until its conclusion. It may be suspended for a maximum of ten days, counted continuously, only in the following cases: […] 4. If the Public Ministry requires time to amend the complaint or the defense requests a suspension owing to the amendment of the complaint, provided that, given the characteristics of case, the hearing cannot continue immediately.” 42 Cf. Record of the public oral hearing of January 25, 2005, Case No. 246-04 (evidence file, folios 2210 to 2228). 43 Cf. Request filed by the representatives of Tulio Álvarez Ramos of January 26, 2005 (evidence file, folios 2293 to 2294). 44 Cf. Judgment of February 28, 2005 issued by the Seventh Trial Court (evidence file, folios 2333 and 2359). 45 Cf. Judgment of February 28, 2005 (evidence file, folios 2332 and 2333, 2359, 2409 to 2425). 46 Cf. Judgment of February 28, 2005 (evidence file, folios 2409 to 2432). 47 Article 345 of the Organic Code of Criminal Procedure: “Crime during a hearing. If a person commits a crime during a hearing, the Court shall order his detention and shall prepare a report with the pertinent information; he shall be brought before the appropriate official of the Public Ministry, and a copy of the necessary background information shall be forwarded, in order to proceed with the investigation. Any person who, when questioned at a public hearing by the judge or by the parties, lies about the general rules of law, shall be punished with six to eighteen months imprisonment or a fine equivalent in Bolívares of ten to forty tax units”. 48 Article 243 of the Criminal Code: “Any person who testifies as a witness before a judicial authority, who makes false statements, denies the truth or remains silent, entirely or in part, regarding the facts on which is questioned shall be punished with a prison term of fifteen days to fifteen months. If the false testimony has been given against a suspect in a crime or in the course of a criminal trial, the prison term shall be from six to thirty months, and if those two circumstances coincide, it shall be eighteen months to three years. If the false testimony has resulted in a conviction of imprisonment, the prison term shall be three to five years. If the testimony has not been rendered under oath, the penalty shall be reduced by one-sixth to one-third.” 49 Cf. Judgment of February 28, 2005, (evidence file, folio 2433). 50 Cf. Judgment of February 28, 2005, (evidence file, folios 2433 to 2443, 2445 to 2450). 51 Cf. Judgment of February 28, 2005, (evidence file, folios 2450 to 2467). 40 11