Understanding Criminal Proceedings: Everything You Need to Know to Protect Your Rights
In Spain, criminal procedure is regulated by the Royal Decree of September 14, 1882 by which the Criminal Procedure Law is approved.
In a criminal proceeding, the parties are as follows:
- Fiscal Ministery
- popular accusation
- Private or private accusation
- State Attorney
- investigated
- Civil or subsidiary responsible
- Victim or harmed
The phases of a criminal procedure are the following:
Instruction phase (arts. 299-325 LECRIM)
This stage of the criminal process Its purpose is to carry out investigations that tend to clarify the facts. and determine the persons responsible.
It begins through a complaint or complaint filed by an individual or through a police report or the procedures carried out by the Public Prosecutor's Office.
El The maximum duration of this phase is 12 months. since the initiation of the case, extendable by periods equal to or less than 6 months.
If during the investigation, or after the maximum period of time, the alleged perpetrator of the crime cannot be identified or located or it is not determined that the facts constitute a crime, the case is dismissed, freely or provisionally, in whole or in part, and The proceedings will be archived.
Types of practicable proceedings
- Ordinary investigation procedures: ocular inspection, autopsy, request for criminal records of the investigated person, lineups, age, determination of the DNA profile, statement of the investigated person, witnesses and the victim, confrontation between witnesses and investigated, expert report, etc.
- Restrictive proceedings on fundamental rights: entry and search in a closed place, search of books and papers, detention and opening of correspondence, technological research measures, intervention, inspections and body searches, circulation and delivery of drugs and other circumstances or goods, police infiltration or undercover agent, etc. .
intermediate phase
At this stage of the criminal process it is decided:
Dismissal and archiving of the proceedings
If during the investigation, or after the maximum period of time has elapsed, the alleged perpetrator of the crime cannot be identified or located or it is not determined that the facts constitute a crime, the case is dismissed, freely or provisionally, in whole or in part, and the proceedings will be archived.
Opening of oral proceedings against the accused
Si There is sufficient evidence to prosecute a person, the Judge dictates indictment, at which point the person who has been under investigation until now is called the “defendant” and makes a statement again.
Once one or more people are prosecuted, the investigating and prosecuting judge issues an order concluding the investigation, the parties are informed so that they can make their allegations and the prosecuting judge will decide whether to ratify the order or not.
Ratified, an oral opening order will be issued, granting the parties a period to submit their qualification briefs, with specific claims.
Revocation of the summary conclusion
If the prosecuting judge considers that the proceedings carried out are insufficient, will return the case to the investigating judge to continue with the instruction.
Oral trial phase
It takes place before a different Judge, The tests are carried out and it concludes for sentencing.
In the field of criminal proceedings, There are several types of procedures that are applied depending on the severity of the crime and the penalties provided:
Ordinary process or ordinary summary
It is applied to crimes punishable by prison sentence of more than 9 years.
Specialties:
In it, the intermediate phase and the oral trial will be carried out before the Provincial Court and the period that will be granted to the parties to present their qualification writings will be 5 days.
Abbreviated procedure
It is applied to crimes punishable by imprisonment of less than 9 years or any other penalties.
Specialties:
The intermediate phase It will be carried out by the same investigating body and the oral trial before the Criminal Court, for those crimes whose maximum penalty does not exceed 5 years in prison, or before the Provincial Court, if the penalty is greater than 5 years in prison. prison.
If the person under investigation admits the facts during the investigation phase and the crime does not carry a sentence of more than 3 years, the procedure will be transformed into a fast-track trial.
The period granted to the parties to submit their qualification briefs will be 10 days.
quick trial
It is applied in crimes punishable by imprisonment of less than 5 years or any other penalties not exceeding 10 years, whenever it is a flagrant crime, any of the crimes listed in the art. 173.2 PC or a crime whose investigation is presumed to be simple.
Specialties:
The investigation phase is carried out by the Court on Duty and the proceedings are classified as “urgent”.
In it, it is possible to agree on the opening of an oral trial, the dismissal of the case, the transformation of urgent proceedings into preliminary proceedings of an abbreviated procedure or that it is a trial for a minor crime.
If the accused agrees with the facts, There is no oral trial and the Judge issues a sentence reducing the sentence by 1/3.
If the trial is finally held, it will be done as planned for the abbreviated procedure.
Trial before the jury court
It is applied in crimes provided for by the Organic Law 5/1995, of May 22, of the Jury Court.
Trial on minor crimes
It is applied in crimes punishable with light sentences (see art. 33 PC).
Specialties:
There is no distinction between procedural phases.
Process for acceptance of decree:
It is applied in crimes punishable by fine, community service or a prison sentence of less than 1 year, provided that the Public Prosecutor's Office understands that the applicable penalty is a fine or community service, there is no popular or private prosecution and the investigation phase has not been completed.
Process for insults and slander between individuals
It only applies to crimes of libel and slander against individuals.
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