Evidence in Criminal Trials
Defendant’s Statement
Within the trial regulation, confession is not solely expected. Crimes under indictment are considered (Article 688 et seq. of the Spanish Criminal Procedure Law). However, a crucial step from the perspective of proof and the accused’s rights is often overlooked: the right to be heard by the deciding authority.
Regarding its form, the defendant’s statement is governed by the same safeguards and requirements as other phases of the trial. Essentially, it involves obtaining knowledge of the facts being judged (refer to Articles 701 and 786.2 of the Spanish Criminal Procedure Law). This includes informing the accused of their constitutional rights: the right to remain silent, the right not to incriminate oneself, and the right not to answer questions.
The order of questions follows a specific pattern: the prosecutor’s charges, the defense, and the defendant’s liability. Leading, suggestive, or vexatious questions are prohibited. If questioning goes beyond the defendant’s previous statement, it must be read aloud. The defendant is given the opportunity to provide explanations (Article 714), which extends to cases where they invoke their right not to testify (Constitutional Court ruling 38/03 of February 27, 2003). The defendant also has the right to consult relevant documents.
Co-defendant’s Declaration
The co-defendant’s declaration has a mixed legal nature. It is considered a defendant’s statement regarding self-incrimination and a witness statement against other accused individuals. The co-defendant enjoys the status and conditions of an accused, but their lack of security, duty to tell the truth, and involvement in their own interests can affect their testimony. They may agree with the indictment for their own defense, harm the co-defendant, or seek favorable treatment.
Witness Testimony
Witness testimony, particularly from witness-victims, is considered pre-trial data relevant to the prosecution. Concerns about impartiality have been raised. Established law (Supreme Court rulings 1208/2000 of June 24, 2000, and July 7, 2000) states that the victim’s statement can weaken the presumption of innocence. Several factors are considered to assess the veracity of such statements, including the credibility of the testimony, corroborating evidence, and consistency in the accusations.
Procedure for Witness Statements
- Statements are typically taken at the court. However, if a witness is prevented from attending, the court and parties may convene at the witness’s residence (Article 718).
- Witnesses must remain isolated until called to testify, avoiding communication with those who have already testified (Article 701, 704, and 705).
- Witnesses testify individually, following the order proposed by the parties, although the order can be modified.
- Witnesses take an oath or affirmation.
- Witnesses state their name, age, marital status, occupation, and relationship with the parties.
- Witnesses respond to questions from the party that proposed them, then from other parties, and finally from the court (Articles 706 to 708).
- Confrontation with pre-trial statements is conducted (Article 714).
- If a witness has died, is outside the court’s jurisdiction, cannot be located, or their whereabouts are unknown, their pre-trial testimony may be read (Article 730).
Direct and Hearsay Witnesses
Article 710 requires hearsay witnesses to specify the source of their information, including the name or address of the person who provided it. Hearsay testimony is excluded in libel or slander cases (Article 813).
Confrontation
Confrontation follows a similar procedure to pre-trial investigation (Article 455). It is an exceptional subsidiary test, especially involving minors, requiring a prior expert report on its potential harm (Article 713.2). The judge has discretion over its timing and may order it on their own initiative (Article 729.1). Confrontation is necessary when there are conflicting statements between co-defendants, witnesses, or others. Threats or insults are not permitted.
Expert Evidence
Expert evidence regulations are minimal. Recusal of experts is addressed in Article 723, referring to the rules for disqualification (kinship, interest, friendship, Article 468). Expert conduct from admission to the beginning of sessions is also covered (Article 723). In short trials, a single expert may suffice (Article 788.2), while ordinary trials require two (Article 459). Documentary evidence from official laboratories regarding narcotics is admissible (Article 788.2).
Videoconferencing for expert declarations is permitted (Article 731 bis).
Documentary Evidence
Regulations for documentary evidence are lacking. Article 726 states that the court examines documents, books, papers, and exhibits, which are to be included in the case file (Article 688). These materials must be available at the trial location.
Final Phase of the Trial
Final Conclusions
After the presentation of evidence, parties may ratify or modify their initial conclusions (Article 732 for regular trials, Article 788.3 for short trials). This is done in writing for regular trials and orally for short trials. These final assessments determine the prosecuted offense and define the legal framework for sentencing.
Court’s Approach to the Thesis
The adversarial principle prevents conviction for offenses or aggravating factors not included in the indictment (Supreme Court ruling of October 3, 2008). Exceptions exist for cases with special homogeneity between the allegations and the court’s findings, ensuring the defendant’s right to defense. Article 733 allows for the “decoupling theory,” where parties can suggest a different, more serious offense. In short trials, Article 788.3 allows the court to request clarifications on specific points.
Reports and Closing Arguments
Following the presentation of evidence, the prosecutor, private accuser, civil party, defense, and civic party present their final oral arguments. This order protects the right of defense. In regular trials, arguments address the facts, classification, participation, and civil liability (Article 734). In short trials, arguments focus on the evidence and legal classification (Article 788).
Final Word
The accused has the right to address the court with any relevant considerations. This is typically used to discuss the evidence, offer a final exculpatory version, or express remorse. The final word is not considered evidence. It must not disrupt public order, disrespect the court, or offend individuals (Article 739).
Suspension of Oral Trial
Trials should conclude in a single session or consecutive sessions (Articles 744, 788.1). However, unforeseen circumstances can lead to suspension. These causes should be interpreted cautiously to avoid undue delays, abuse of rights, and prejudice to the parties. In short trials, the new session must occur within 30 business days, otherwise, the trial restarts (Article 788.1). In regular trials, a suspension period is set (Article 748), and the proceedings are invalidated if the suspension is indefinite (Article 749). Article 745 allows for suspension if parties are unprepared to present evidence, typically due to witness or expert unavailability.