Understanding the Jury Process in Spain: A Comprehensive Analysis

Posted on Jan 25, 2025 in Criminology

The Jury Process in Spain

Constitutional Basis and Scope

The ability to interpret and evaluate evidence in a trial underlies the institution of the jury. In Spain, the regulation of the jury finds its first reference in Article 125 of the Spanish Constitution, which states that citizens can participate in the administration of justice through the jury system as established by law. The scope of the jury’s involvement is determined by the type of crime. The Jury Court intervenes only at the trial stage, and its role ends with the issuance of the verdict. The investigation phase is up to the judge. Territorial jurisdiction is governed by the general provisions of the Criminal Procedure Code (CPP).

Key Procedural Steps

The most important specialties in the proceedings are concentrated in two procedural steps:

  1. The establishment of the Tribunal of the Jury, which requires the election of nine lay judges and two alternates.
  2. The adoption of the verdict.

Before starting the trial sessions, two actions must occur: the designation of the Judge-President and the drafting of the order of justiciable facts, which clearly lays out the facts before trial, the evidence admitted, and the beginning of the trial sessions.

Constitution of the Jury Court

The constitution of the Court of Jury proceeds through three stages:

  1. A general list of candidates is drawn by lot in each province, serving as a preselection for a maximum period of two years.
  2. From this comprehensive list, candidate groups are drawn by lot for each particular trial.
  3. Finally, nine jurors and two alternates are elected from these groups.

Jurors may question the accused, witnesses, and experts through the Judge-President.

Dissolution of the Jury

A jury can be dissolved before reaching a verdict for three reasons:

  1. If, after the parties’ reports, the Judge-President believes there is insufficient evidence to support a conviction.
  2. When a punishment of less than six years is requested by the parties, and the indictment seeks a more severe penalty.
  3. If the parties withdraw the charges at any time before submitting the purpose of the verdict to the jury.

Jury Verdict

The jury’s verdict must state the proven facts, which they believe must determine the degree of implementation of the crime, participation, and modifying circumstances of criminal responsibility. The purpose of the verdict will encompass the facts alleged by the parties. The jury must state whether or not these facts are proven, the alleged offense, and whether the defendant should be found guilty or not guilty.

Deliberation and Voting

The jury’s deliberation is secret and held in camera, without allowing communication with the outside until a verdict is reached. Voting is by roll call, aloud, and in alphabetical order, and none of the jurors may abstain. Abstention involves a financial penalty and possible criminal liability; the vote will go in favor of the defendant’s defense. Voting will be on each of the facts and the verdict of guilty or not guilty for each defendant for each offense charged.

To consider facts harmful to the defendant, seven votes are required, while five votes are sufficient to declare them proven. The same majority is required to find the accused guilty or not guilty. Once the vote is completed, the spokesperson will issue a report signed by all jurors, containing:

  • The facts considered proven.
  • The facts presented as non-proven.
  • The decision on the guilt or innocence of the accused.
  • The reasoning behind the decision, considering the prevailing evidence and explaining the reasons that led to it.

After the verdict is read and the parties are heard on the measures to impose a penalty, the Judge-President will issue a ruling.