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 […]
How we reach the practice of the proof on the Ordinary Procedure and how it is finally practiced during its oral trial (Spanish Law)
The oral trial is the moment most important of all the procedure, until now each party has only gathered the proofs, the evidences, during a previous investigation (art. 311 of the Spanish Criminal Procedural Law, in Spanish Ley de Enjuiciamiento Criminal, henceforth LECrim), which may sustain their claims precisely in the oral trial, the place […]
The way of practicing the proof during the oral trial (V) (Spanish Law)
Fifth Section. Common Articles to the previous four sections (art. 728 – art. 731 bis LECrim) The Spanish Criminal Procedural Law (in Spanish Ley de Enjuiciamiento Criminal, henceforth LECrim), divides in five sections the chapter which has as object to regulate the way of practicing the proof during the oral trial of the Ordinary Procedure […]
The way of practicing the proof during the oral trial (IV) (Spanish Law)
Fourth Section. The documentary proof and the visual inspection (art. 726 – art. 727 LECrim): The practicing of the proof during the oral trial depends on the sort of proof, the witnesses are obliged to attend to the oral trial, the experts only when their informs have been impugned by the parties, but and the […]
The way of practicing the proof during the oral trial (III) (Spanish Law)
Third Section. The Expert´s Report (art. 723 – art. 725 LECrim): A Judge must know on the laws, this should be his expertise, we cannot exige to him to be a expert in nuclear science, or in psychology, or even in ballistics, although sometimes a knowledge on these sciences and others may serve to him […]
The way of practicing the proof during the oral trial (II) (Spanish Law)
Section Second. The exam of the witnesses (art. 701 – art. 722 LECrim): Usually the most relevant proof of a trial is the testimony given by the witnesses, on our mind rapidly appear the image of the cartoons drawn during the trial and which later are used by the newspapers in their front page, or […]