Criminal Procedure in Spain: Detainment, Appeals, and Court Jurisdiction
Chapter 9: Criminal Procedure
Detention and Habeas Corpus
Doña, a famous Spanish singer, was arrested on May 2, 2007, at 11:30 PM by Magistrate’s Court number 5 in Marbella for alleged money laundering. The maximum detention time without being brought to justice, according to the Constitutional Court, is 72 hours.
If this time limit is breached, the detainee or a representative can file a writ of habeas corpus with the Coroner’s Court. Besides the detainee, the following can also file: spouse or equivalent, descendants, ascendants, siblings, legal representatives (for minors or disabled), the public prosecutor, and the examining magistrate.
Citizen’s Arrest and Detention Requirements
Individuals are not obligated to make an arrest, only permitted. An arrest warrant can be issued if:
- The crime is punishable by a maximum term of at least two years’ imprisonment (or less if the suspect has a criminal record).
- There are sufficient grounds to believe the suspect is criminally liable.
- The arrest aims to: ensure the accused’s presence in court (risk of flight), prevent evidence tampering, protect victim’s rights (especially in domestic violence cases), or prevent further crimes.
Precautionary measures can be real or personal.
Dismissal and Case Progression
If a police officer, charged with attempted murder for acting in self-defense, can prove their case unequivocally, the court should issue a free dismissal because the alleged crime is not attributable. Other grounds for dismissal include the non-occurrence of the act or that the act does not constitute a crime.
This occurs during the intermediate phase of the procedure, which determines if there are sufficient grounds for trial. If the court grants dismissal, the resolution takes the form of a car, which can be appealed to the Supreme Court.
After the trial order, if the defendant has already been tried and acquitted for the same offense, a lawyer can file an item before the Committee. If successful, the court should issue a free nonsuit. If a jurisdictional challenge arises concurrently, the jurisdictional issue must be resolved first.
Provisional Ratings and Evidence
Provisional rating documents (LECRIM Article 650) must contain: the competent court, the offenses, their legal classification, the alleged participants and their level of involvement, modifying circumstances, requested penalties, and civil liability circumstances.
The right to use all means of attack and defense guarantees evidence admissibility, but this right is limited by legal requirements and prohibitions on certain evidence types. A visual inspection is a direct, personal examination by the judge of the place or objects related to the offense.
Parties are not bound to their initial conclusions and can adjust them based on evidence presented. The written result of evidence presented at trial is the conclusions or final grades document. If the court disagrees with the parties’ classification, it can invoke section 733 of LECRIM, provided there’s no alteration of the prosecution’s facts and the protected interest is homogeneous.
Reporting Phase and Procedural Crises
The reporting phase is when parties substantiate their claims. The accused has the right to the last word, upholding the principle of contradiction. Possible procedural crises include suspension, interruption, compliance, and referral.
Procedural acts remain valid after a suspension, which is a temporary halt due to circumstances outlined in Articles 745 and 746 LEC. Even if the defendant is under duress, the process continues. Compliance in the Speedy Trial procedure occurs before the Magistrate’s Court or the Violence against Women court on duty.
Speedy Trial and Appeals
Admissibility conditions for compliance in the Speedy Trial include: no private prosecutor, the prosecutor requesting and the judge agreeing to the trial opening, and the charges filed in the indictment. The facts must qualify as a crime punishable by up to three years imprisonment with a fine, or another punishment not exceeding ten years. For imprisonment, the sentence sought or penalties applied cannot exceed two years (reduced by one-third).
Returnable questions are resolved by the criminal court, while non-returnable questions are sent to the relevant civil, social, or administrative court. Cases involving crimes punishable by up to nine years imprisonment or other penalties are prosecuted through the Expedited Procedure. The instruction phase is called Previous Measures, and the Judicial Police and the Clerk inform the victim of their rights.
If the prosecution requests dismissal without specific accused persons, the court can offer the offended party a chance to present their case within two weeks or refer the case to a higher attorney. Sentencing can be oral, documented in the minutes with a clerk’s statement. Criminal court sentences in such proceedings are appealed to the Provincial Court.
Specific Cases and Court Jurisdiction
A case of injury (Article 148 CP) between former partners, witnessed by a receptionist, falls under the Procedure for the rapid prosecution of certain crimes. The complainant, offended party, witnesses, and experts are summoned before the Magistrate’s Court or the Violence against Women court. The court can implement protective measures, including a protective order for gender violence victims. If the victim were the male partner, it would be a summary procedure.
Immediate failures trials cover offenses in Articles 617, 623.1 (flagrante delicto), and 620 CP (if the victim is specified in Article 173.2 and the prosecution corresponds to the magistrate receiving the police report). The Judicial Police inform the victim of their rights. The offended, injured, complainant, defendant, and witnesses are summoned using the Scheduled Citations Agenda. Trials of faults are generally heard by local trial courts, even without the accused’s presence (unless their statement is deemed necessary).
Res Judicata and Review
A firm conviction has res judicata effect, meaning the accused cannot be retried for the same offense. The subjective limits are the person of the accused. New evidence of innocence can trigger a review process in the Criminal Chamber of the Supreme Court. If new evidence of guilt arises after acquittal, a review is not possible.
Decisions rendered in absentia can be appealed through the “annulment” process (Article 793 LEC).
Further Examples of Court Jurisdiction
- Burglary: Jury Court, appeal to Superior Court of Justice, then Supreme Court.
- Attempted Homicide: Provincial Court (AP), appeal to Supreme Court.
- Terrorist Organization Leader: Central Investigating Judge (instruction), Criminal Division of the National Court (AN), appeal to Supreme Court.
- Deputy Committing Crime: Chamber of the Supreme Court (TS), no appeal.
- Drug Trafficking Across Provinces: National Court (AN), location is Madrid.
- Related Offenses (Illegal Detention and Injury): Provincial Court of the location of the more severe offense.
- Murder with Body Moved: Initially court in location of body discovery, then court in location of crime.
- Counterfeiting Across Catalonia: Central Criminal Court (instruction), Criminal Division of the AN. If only in Barcelona, jurisdiction changes.
- Abuse in Domestic Violence Case: Court of Violence on Women (instruction), Criminal Judge (trial), appeal to Provincial Court.
- Attempted Murder in Gender Violence Case: Court of Violence on Women in victim’s residence (instruction), Provincial Court (trial), appeal to Supreme Court. If not gender violence, Examining Magistrate in location of crime (instruction).