Territorial Jurisdiction in Criminal Proceedings: A Comprehensive Analysis
Territorial Jurisdiction in Criminal Proceedings
Organs determine relevant functional aspects and must act objectively. A fundamental criterion is the crime’s location. The assigned court’s jurisdiction is permanent, unless modified by instruction or prior trial. Judicial organs ensure competence is attributed to the court where proceedings began.
Default Criteria
Default criteria are established in Section 15. Provisions address cases where determining the crime’s location is impossible. Criteria include the perpetrator’s location, evidence location, apprehension location, or the location of the initial report (complaint, police inquiry).
Effects of Lack of Competence
A-Lack of objective or functional competence: renders rulings null and void (art. 238.2 LOPJ). This defect is apparent on appeal (art. 240.2 LOPJ).
B-Lack of territorial jurisdiction: is generally irrelevant in instructional proceedings. Actions by a court deemed incompetent are valid unless exceptional circumstances indicate absolute lack of competence arbitrarily assumed.
Related Crimes
The general principle (art. 300) mandates judicial proceedings for every crime. Related crimes are generally addressed in one process for reasons of rationality and simplicity. Multiple crimes stemming from one fact (e.g., complaint and medical report on injuries) are accumulated in the court with jurisdiction. The rule applies to crimes, not offenses, so each process should address all possible criminal responsibilities.
Exceptions exist for procedural economy or to avoid conflicting decisions when multiple events constitute various offenses. Substantive criminal law may allow prosecuting crimes together (real or medial competition) or permit continued prosecution, even if a single natural fact comprises various events within one process.
Assumptions of Related Crimes (art. 17 LECR)
Subjective Relatedness:
- Simultaneous acts by multiple people under different courts.
- Acts by multiple people at different times or places, if prior concert existed.
Objective Relatedness:
- Acts as means to perpetrate or facilitate another crime.
- Acts ensuring impunity for another crime.
- Multiple crimes attributed to one person, showing analogy and not previously convicted.
Private Prosecution
Private prosecution is possible for crimes where the injured party has a direct interest. The injured party must be distinguished from the holder of the legal good protected by the criminal standard. Examples include murder and disobedience.
Provision of Legal Counsel
Legal counsel is necessary. Initiation depends on the offense. Individuals, legal entities, and groups can be parties. In crimes involving administration, the State’s Advocate or public entity acts. A complaint is not always necessary, and a solicitor-advocate may be required. Free legal assistance is available when entitled.
Article 771 requires Judicial Police to inform the offended party of their rights (ss. 109 and 110). The injured party can participate without filing a complaint (art. 776.1). Failure to inform does not prevent proceedings, but efforts to rectify are required. Failure to provide this information is a violation of the right to effective judicial protection (STC 34/94), potentially causing revocation of proceedings.
Timing of Private Prosecution
Article 110 specifies timing: before the crime’s assessment or accusation formulation. If during proceedings but before the defense’s admission, it’s permissible.
Popular Accusation
Citizens can act in public and quasi-public crimes. Article 125 of the Constitution allows popular action. Article 19.1 LOPJ specifies that Spanish citizens can exercise popular action. Article 101 LECR states that criminal action is public, and all Spanish citizens can exercise it (art. 270 LECR).
Complaint Requirement
Complaints allow better evaluation of the offense’s relevance and provide security for those accused. This prevents unauthorized action, guarantees compensation for damages, and avoids procedural actor proliferation.
A solicitor-advocate is required. Free legal assistance is not guaranteed (art. 3.3 Act 1/96). Conciliation (278 LECR) and court license (215.2 PL) may be necessary.
Private Prosecutor in Private Crimes
Private prosecution applies to libel and slander against individuals. It requires a complaint, but resignation is possible (express, inactivity, or filing an independent civil action (112.2)). Loss of the complaint does not invalidate the bond. Injuries are not always required for a complaint. Legal entities and groups can be parties. A solicitor-advocate is required, and conciliation (278 LECR) is necessary.