The way of practicing the proofs during the oral trial (I) (Spanish Law)
Section 1ª. The confession of the accused and the civil liable persons (art. 688 – 700 LECrim) The object of a criminal process is the obtaining of a material truth, and the parties cannot transact with this truth. Thereby, each party can only contribute with the proofs in their possession to form such procedural reality, […]
The faculties of the President of the Tribunal (art. 683 – art. 687 LECrim, Spanish Law)
The Spanish Criminal Procedural Law (in Spanish Ley de Enjuiciamiento Criminal, henceforth LECrim) attributes to a judge some faculties which allow him to lead the debate during the oral trial. Chiefly a judge can: 1) To lead the debate (art. 683 LECrim). 2) To preserve or to re-establish the order of the sessions of the […]
The Publicity of the Oral Trial (art. 680 – art. 682 LECrim, Spanish Law)
A judge, as all human beings, may be the object of blackmail or extortion, a judge, as all human beings, may be biased, a racist, a fascist, a misogynist. In these cases, the procedure established in the the Spanish Criminal Procedural Law (in Spanish Ley de Enjuiciamiento Criminal, henceforth LECrim) to change a judge when […]
Of the articles of previous pronouncement (art. 666 – art. 679 LECrim, Spanish Law)
The oral trial supposes the practice of the proof, and depending of the result of this practice of the proof the Tribunal will consider the accused guilty or acquit him. Then, during the oral trial the Tribunal will take knowledge of the object of the process, in a trial where the parties will spend money, […]
Of the Qualification of the Crime (Spanish Criminal Law)
According to the Spanish Constitution (henceforth CE), there are three sorts of prosecution: 1) the Attorney\’s General Office (art. 124 CE), 2) the Public Prosecution (art. 125 CE), and 3) the Private Prosecution (art. 24.1 CE). The Attorney’s General Office is who has in reality the burden of the prosecution, he is obliged by the […]
The dismissal of the cause (Spanish Law)
When a procedure is opened as consequence of a report or a suit, it may end before a sentence declares the accused guilty or acquitted, since the Criminal Procedure has different phases and in each of these phases are causes which may provoke its ending. The dismissal of the procedure, is a judicial resolution based […]
Of the Completion of the Summary (art. 622 – art. 633 LECrim, Spanish Law)
After practicing all the relevant proofs which may sustain the opening of the oral trial phase, in the ordinary procedure we arrive to the named intermediary phase of the procedure, the event which marks this transition is the decision of termination of the summary. But, how we have achieved this point of the procedure? and […]
The preventive measures of bail and seizure applicable to third parties of a criminal procedure according to the Spanish law
When a crime is committed the author is obliged to pay all the pecuniary liabilities derived from the crime (article 109 of the Spanish Criminal Code, in Spanish Código Penal, henceforth CP). But, sometimes there are other subjects who may be liable of some of the liabilities consequence of a crime. These other subjects, who […]
The preventive measures of bail and of seizure during a criminal procedure according to the Spanish Law
The commission of a crime has two principal effects on those who has committed it, one is their imprisonment, the other is their obligation to repair the harm suffered by their victim. Thus when a crime has been committed its author tends to disappear, and all the goods which he possesses with him. This is […]
A summary of the measures of investigation which affect to the article 18 of the Spanish Constitution
The Spanish Criminal Procedural Law (in Spanish Ley de Enjuiciamiento Criminal, henceforth LECrim), has a Title where the legislator has included all the measures of investigation which may be used by the Spanish judicial police to solve a crime with the secondary effect of harming some of the rights included in the article 18 of […]