Understanding Criminal Proceedings and Legal Remedies in Spain

Posted on Nov 8, 2024 in Law & Jurisprudence

1. Criminal Offenses and Procedures

1.1 Robbery with Identified Author

In cases of robbery where the author is identified and apprehended, an expedited process is initiated, especially when involving a crowd.

1.2 Burglary

Burglary (Art. 202 CP) carries a penalty of imprisonment from 6 months to 2 years.

1.3 Malfeasance of Public Officer

Malfeasance of a public officer (Art. 404 CP) is punishable by disqualification for public employment or office for 7-10 years. This often follows a simplified procedure judged by the Provincial Court.

2. The Indictment in Misdemeanor Trials

The indictment issued in misdemeanor trials is used in no-fault trials.

2.1 Complaint Filing

• False: The complaint can be filed with any authorized State body (Police, Courts, etc.).
• False: An attorney’s signature is not required for filing a complaint.
• False: Complaints can be made orally or in writing.

3. Correlation Between Prosecution and Judgment

3.1 Spontaneous Repentance

A judgment automatically applying attenuating spontaneous repentance maintains correlation if it’s not contradictory, inconclusive, or convicts the accused of a separate offense.

3.2 Conviction for Induction

A judgment convicting for induction when initially charged as an accomplice maintains correlation if both the judge and prosecutors accept this argument.

3.3 Conviction for Kidnapping

A court convicting for kidnapping when initially charged with unlawful detention does not respect correlation, as these are distinct offenses with different penalties.

4. Legal Remedies and Responsible Courts

• Judgment by Supreme Court of Castilla-León: Cassation before the Supreme Court Chamber II.
• Judgment by High Court on appeal from Central Criminal Court: Cassation before the Supreme Court.
• Judgment by Chamber II of the TS: No appeal.
• Judgment by District Court Jury Court: Cassation to the Second Division of the Supreme Court.
• Judgment in a case of misconduct by the examining magistrate: Appeal to the Provincial Court.

5. Categorizing Legal Remedies

• Resources: Reforma and Supplication.
• Regular Remedies: Appeal and Reforma.
• Extraordinary Remedies: Cassation.
• Devolutionary Remedies: Appeal, Cassation.
• Non-Devolutionary Remedies: Reforma, Supplication.

6. Police Authority for Entry and Search

Police may conduct an entry and search without a warrant in cases of flagrante delicto, such as when an officer hears a cry for help and forces entry to prevent a crime like rape.

7. Final Judgment

A final judgment concludes an instance, is subject to appeal, and decides the main case by condemning or absolving the defendant.

8. First Statement of the Accused

The first statement of the accused is called the “investigation.” It informs the accused of the charges and ensures their rights are protected.

9. Court Authorization for Entry and Search of a Caravan

Court authorization is required to enter and search a caravan used as a residence, even if parked long-term, except in cases of flagrante delicto.

10. Jurisdictional Feature of Interim Measures

Interim measures are judicial decisions based on reasonable suspicion of a crime and the possibility of the accused absconding or hiding assets.

11. General Budgets of Precautionary Measures

• Prima facie case or appearance of reasoning.
• Risk of harm or risk emanating from the length of the process.

12. Decision When Insufficient Grounds to Attribute Facts to the Accused

The decision is called an “adjudication.”

13. Right to Presumption of Innocence

The right to presumption of innocence and the principle of “in dubio pro reo” apply when minimal evidence necessitates further investigation and trial.

14. Modification of Claims in Final Grades

Charges can be modified in final grades within the limits of the process, without including new facts or persons.

15. Opening of Trial in Summary Procedure

The coroner oversees the opening of the trial in the summary procedure.

16. Procedure for Blatant Offense with Imprisonment Less Than Five Years

The fast-track summary criminal procedure is used for blatant offenses with imprisonment of less than five years, initiated by a police report.

17. Action Against a Sentence in Misdemeanor Trial

An appeal should be filed with the district court.

18. Negative Effect of Res Judicata

Res judicata prevents judges from re-judging a decided matter, upholding the principle of “non bis in idem.”

19. Processing of Punishable Facts

• Lack of theft (Art. 623 CP): Trial of faults.
• Trespass (5-10 years): Provincial Court.
• Kidnapping (6-10 years): Regular procedure.

20. Use of Indictment in Speedy Trial

An appeal of reform within three days of notification is used.

21. Complaint Filing and Legal Representation

• False: Complaints filed with an incompetent court will be transferred to the competent investigating judge.
• True: A lawyer’s signature is required for filing a complaint in the regular procedure.
• False: Complaints can be made orally or in writing.

22. Legal Remedies and Responsible Courts

• Judgment on appeal from JCPenal: Appeal to the issuing court.
• Judgment by Supreme Court of Castile and Leon: Cassation to the Second Division of the Supreme Court.
• Judgment by Second Chamber of the TS: No appeal.
• Judgment by ECJ in the field of the Provincial Court: Cassation to the Supreme Court.
• Judgment in a trial of offenses: Appeal to the Provincial Court.

23. Judicial Police Entry Without Authorization

Judicial police can enter homes without authorization in cases of flagrante delicto, such as preventing a crime in progress.

24. Final Decision

A final decision is a reasoned court act that definitively resolves the criminal issue, subject to review and rehabilitation.

25. New Identity and Economic Means

LO 19/1994 provides for witness and expert protection, including new identity and economic means, in exceptional criminal cases.

26. Judicial Authorization for Motorhome Entry

Judicial authorization is required to enter a motorhome used as a residence, even if parked long-term.

27. Main Features of Short Procedure vs. Ordinary Procedure

Short procedures are used for minor offenses, while ordinary procedures are used for more serious crimes.

28. Appealing a Decision in Misdemeanor Trials

An appeal should be filed within five days of notification, following the summary procedure.

29. Appealing Final Judgments

A review process exists for final judgments with serious errors.

30. Indictment in Short or Foul Procedures

There is no automatic indictment in these procedures.

31. Court’s Action in Case of Defense Attorney’s Incompetence

The court can appoint a new defense attorney or take other appropriate action.

32. Guaranteed Right in Evidence Presentation

The fundamental right to a fair trial (Art. 24.2 CE) guarantees the right to present and examine evidence.

33. Reforma and Supplication

Reforma is used for single-judge bodies, while supplication is used for collegiate bodies.

34. Jurisdiction in Murder Case

Initially, the case would be heard in Zaragoza, where the body was found. If the actual crime scene (Barcelona) is discovered, the proceedings would be transferred there.

35. Jurisdiction in Counterfeiting Case

The Central Criminal Court instructs and the Criminal Division of the AN handles the trial, regardless of whether the crime was committed across Catalonia or only in Barcelona.

36. Jurisdiction in Domestic Abuse Case

• Instruction: Court of Violence on Women in Lérida.
• Trial: Criminal Justice of Lérida.
• Action against Judgment: Appeal to the Provincial Court.

37. Spanish Court Jurisdiction for Crime Committed Abroad

Spanish courts have jurisdiction under Article 23 LOPJ to hear cases involving Spanish citizens arrested abroad.

38. Judge’s Act for Conducting Proceedings

An order is issued for simple procedural conduct.

39. Evidence in Provisional Assessment Writings

Parties present their intended evidence, including lists of experts, witnesses, and documents.

40. Courts with Jurisdiction Over Entire Territory

• Supreme Court
• National Audience
• Central Criminal Court
• Central Criminal Courts

41. On-Call Service in Trial Courts

On-call service is set up in trial courts for matters requiring immediate action, such as receiving written complaints or conducting immediate trials.

42. Jurisdiction for Forgery and Increased Penalty

The High Court has jurisdiction when the penalty for forgery exceeds five years.

43. Purpose of a Claim

A claim delivers the “notitia criminis” to initiate a judicial investigation.

44. Definitions of Legal Terms

• Author: Person who commits the crime.
• Accused: Person against whom there is evidence linking them to the crime.
• Judge of the Courts of Instruction: Judge who considers and executes judgments.
• Lawyer: Professional who assists and directs the party’s actions.

45. Misdemeanors and Courts

Misdemeanors are handled by Courts of First Instance and Instruction, Instruction, or Peace.

46. Definition of Crime

A crime is a fact classified as serious.

47. Role of the Prosecution

The prosecution represents, supports, defends, and accuses.

48. Corrections to Statements

• Peter is the defendant, not the author.
• Prosecutors represent the State, not individuals.
• Court clerks work for the courts, not the prosecution.
• Misdemeanors are in Book 3 of the Penal Code.
• Lawyers assist, not argue, for complainants.
• Court clerks do not direct proceedings or issue writs.
• Judges are part of tribunals.
• The prosecutor does not issue orders; the judge does.

49. Precautionary Measures

Precautionary measures are actions ordered by the judge.

50. Roles and Definitions

• Judge of the Courts of Instruction: Judge in the provincial capital who judges and executes judgments, handles misdemeanor trials.
• Fiscal: Defends, charges, and represents the State’s interests, as well as those of children and the disabled.
• Coroner: Oversees the healing of injured, issues reports, and performs autopsies.
• Legal Secretaries: Individuals holding public trust.
• Examining Magistrate: Resolves, instructs, and directs coaching practice.
• Clerk: Guarantees procedural actions and fundamental rights of those involved.

51. Further Corrections to Statements

• Crimes are in Book 2 of the Penal Code.
• Lawyers assist, while prosecutors represent.
• Not only judges are holders of the collegiate.
• Judges issue final decisions, not reports.

52. Examples and Scenarios

• Theft: JMV can be denounced for theft.
• Search and Seizure: Judiciary can access and search for specific items, but requires further authorization for additional evidence.
• Harassment: The magistrate can authorize wiretaps and other actions.
• Death Investigation: Judge, coroner, and clerk handle body removal and investigation.
• Legal Representation: Lawyers assist, not represent, the accused.
• Medical Treatment: Health Center provides treatment, while coroner oversees recovery.

53. Determining Crimes vs. Offenses

The Penal Code determines whether acts are crimes or offenses.

54. Sentence Reduction

Extenuating or justifying circumstances can reduce sentences.

55. Definitions of Legal Participants

• Injured Party: Person aggrieved or offended.
• Complainant: Person who reports the crime.
• Defendant/Suspect/Accused: Person alleged to have committed the crime.
• Advocate: Assists and defends the interests of the injured or accused.
• Attorney: Legal representative of the injured or accused.

56. Shares as a Possibility

Shares are a possibility as outlined in Articles 771, 776, 796, 962, and 964 LEC.

57. Civil and Criminal Actions

Civil and criminal actions can be pursued simultaneously or separately. Criminal proceedings take precedence. Reservation allows for a separate civil proceeding. Waiver of civil action means only criminal sanctions are sought.

58. Charges vs. Complaints

Complaints are generally obligatory for public cooperation, while lawsuits are a right exercised by citizens or foreigners for crimes against themselves or their property.

59. Reading of Rights

Rights are read upon arrest and formalized in writing. The instructor and counsel inform the detainee of their rights, including the right to remain silent and not testify against themselves.

60. Final Corrections and Clarifications

• Facts of the rule of law can include various legal issues.
• Attorneys represent, not argue for, the instruction of the cause.
• Demanding the submission of a complaint is a valid action.