A/HRC/4/40/Add.3 page 10 (d) Trial hearing 31. Once the initial hearing has been held, the judge shall issue, if warranted, the committal order. The trial shall be held on the basis of the charges brought and in accordance with the principles of adversarial and concentrated proceedings - in other words, that the trial must be held in the continuous presence of the judge, all members of the jury, the parties to the prosecution, the accused and his or her counsel. 32. Any person charged on suspicion of the commission of a serious offence has the right to be tried by a jury court. This provision does not apply, however, to cases involving offences relating to the consumption or sale of narcotics, psychotropic or other controlled substances or to offences relating to the laundering of money or the proceeds of illicit activities. Accused persons may, however, renounce their right to be tried by jury and request a technical judgement by the judge. The jury court must comprise five full members and one substitute. Each member of the jury shall receive approximately 500 cordobas (approximately 30 United States dollars) as their daily allowance. The delegation learned that some minor offences, such as stock theft, may be assimilated to rustling and, as a result, the corresponding proceedings must be held before a jury. Accordingly, recourse to a jury tends to be fairly infrequent by comparison with the number of offences committed. 33. In jury trials, the role of the judge is limited to presiding over the proceedings, settling all questions of law which arise and instructing the jury on the rules which must be observed in their deliberations. The jury’s verdict establishes the guilt or innocence of the accused. 34. All proceedings are conducted orally and in public. The delegation learned that some are broadcast live on television. A courtroom has been set up on the campus of the Central American University, where proceedings are held in the presence of law students and the general public. 35. It should be noted, however, that proceedings continue to be held in accordance with the former Criminal Investigation Code of 1879. The procedure established under this code is inquisitorial, in written form and allows for judgement in absentia. (e) Pretrial custody 36. Pretrial custody is one of the interim protection measures specified in article 167 of the Code of Criminal Procedure. Only a competent judge may order protection measures and this only when there are reasonable grounds to suspect culpability. The judge must be guided by the principle of proportionality, taking into account the seriousness of the offence, the circumstances of its commission and the probable penalty. The need to continue protection measures must be reviewed monthly by the judge. 37. The judge may replace pretrial custody by house arrest in the case of women in the last three months of pregnancy, mothers of infants under 6 months old or persons suffering from a terminal illness.