The Abbreviated Procedure V. The Oral Trial and the Sentence (art. 785 – art. 789 LECrim, Spanish Law)
The criminal procedure can be divided in accordance with three stages: the preliminary proceedings, where an Examining Magistrate leads an investigation of a crime with the aim of obtaining enough evidences in order to justify the opening of the Oral Trial (art. 299 and art. 777 of the Spanish Criminal Procedure Act, in Spanish Ley […]
The Abbreviated Procedure IV. The preparation of the Oral Trial (art. 780 – art. 784 LECrim, Spanish Law)
What is termed “The preparation of the Oral Trial” by the Spanish Criminal Procedure Act (in Spanish Ley de Enjuiciamiento Criminal, henceforth LECrim), is known by those who study procedural law as “the intermediate stage”. We can divide a criminal procedure in three stages: the preliminary proceedings, where are gathered the evidences which will determine […]
The Abbreviated Procedure III. The Preliminary Proceedings (Art. 774 – Art. 779 LECrim, Spanish Law)
The preliminary proceedings are the proofs carried out during the stage of investigation of a crime, and which have as aim to find out the commission of a crime, the persons liable of it and to assure the pecuniary liabilities arisen from it, or in short, to prepare the Oral Trial. This definition is valid […]
The Abbreviated Procedure II. The interventions of the Judicial Police and the Public Prosecutor´s Office (art. 769 – art. 773 LECrim, Spanish Law)
After the articles concerned with the General Dispositions, the Spanish Criminal Procedural Law (in Spanish Ley de Enjuiciamiento Criminal, henceforth LECrim) has a chapter regulating the intervention of the Judicial Police and the Public Prosecutor´s Office. This chapter begins with an article akin to the article 758 that is at the onset of the chapter […]
The Abbreviated Procedure I
General Dispositions (art. 757 – art. 768 LECrim, Spanish Law)
The Abbreviated Procedure was created at the end of the eighties, in order to adapt the Spanish legislation to the European and Spanish jurisprudence. More concretely, the Spanish Constitutional Tribunal´s sentence of July, 12, 1988, established the principle “who conducts the preliminary investigation cannot try”, this supposed the reform of the criminal procedures whose trying […]
The way of proceeding when a Senator or a Member of the Parliament is committed for trial (art. 750 – art. 756 LECrim, Spanish Law)
The Spanish Constitution (in Spanish Constitución española, henceforth CE) on its article 71 contains two prerogatives which protect the labour of the members of the two legislative chambers, the Senate and the Parliament. The inviolability, guarantees the lack of criminal responsibility for the opinions manifested and the votes emitted during the exercise of the parliamentary […]
The Oral Trial on the Ordinary Procedure (Spanish Law)
Introduction: The Oral Trial is where everything is decided, it is the place where the proofs gathered during the previous investigation has to be practiced in front of the Tribunal which is going to decide on the innocence or guilt of the accused, until this juncture of the procedure almost everything is in the air, […]
The suspension of the oral trial (art. 744 – art. 749 LECrim, Spanish Law)
At the end of the articles regulating the Ordinary Procedure, which serves to try those crimes graver than what is established on the article 757 LECrim for the Abbreviated Procedure, we find something new, something which the Spanish Criminal Procedural Law (in Spanish Ley de Enjuiciamiento Criminal, henceforth LECrim) has not mentioned until this juncture, […]
The sway of the State on the Criminal Procedure on Spain
On a Criminal Procedure there are two figures who sway all what happens during it, the Examining Magistrate and the Judge. Between them is shared all the power, the parties are endowed with some faculties by the Spanish Criminal Procedural Law (in Spanish Ley de Enjuiciamiento Criminal, henceforth LECrim), like the power of initiating the […]
The Prosecution, the Defendant and the Sentence (art. 732 – art. 743 LECrim, Spanish Law)
Perhaps it is the first time you listen it, the criminal procedure is of progressive crystallization. If not it means that you have the same hobby I have, to read Spanish jurisprudence, because it is probably the most repeated phrase in the Spanish judicial resolutions. But what does it exactly signify? In order to answer […]