inmediacionäänt

Inmediación is a legal concept that emphasizes the direct involvement of a judge or decision-maker with the evidence and parties in a case. It means that the person who hears testimony, observes witness demeanor, and reviews exhibits is the same person who makes the final ruling. This principle is considered crucial for ensuring fairness and accuracy in legal proceedings.

The core idea of inmediación is to prevent a "trial on paper" where a judge relies solely on written transcripts or summaries of evidence. Instead, the judge is present and actively participates in the taking of evidence. This allows them to gauge the credibility of witnesses through their tone of voice, body language, and the clarity of their responses. It also ensures that all parties have an equal opportunity to present their case directly to the decision-maker.

In systems that strongly uphold inmediación, judges may be prohibited from making decisions in cases where they were not personally present for the entirety of the evidence-gathering stage. This principle is closely linked to the concepts of due process and the right to a fair hearing. While the extent to which inmediación is practiced can vary between different legal systems, its underlying aim remains consistent: to ensure that judgments are based on a direct and unmediated understanding of the facts presented in court.