Criminal Procedure and Res Judicata in Spanish Law
Rapid Prosecution of Certain Crimes
Initiating the Procedure
The procedure for rapid prosecution begins with a police report. If a person is arrested, they must be brought before the Police Court. If no arrest is made, the individual is summoned to appear before the Court.
Flagrant Offenses
Flagrant offenses are those committed in the act or immediately thereafter, where the offender is caught in the act, detained at the time of the crime, or apprehended shortly after with incriminating evidence.
Role of the Judicial Police
The Judicial Police must request medical attention for the injured, involve the coroner if necessary, and summon witnesses to appear before the Court. Statements from Security Forces members involved are recorded directly.
Urgent Steps
- Obtain the defendant’s criminal record.
- Gather evidence: seek expert reports, order coroner examinations, and appraise seized property.
- Take the detainee’s testimony, informing them of the charges.
- Take witness statements.
- Inform the victim and injured parties of their rights.
- Conduct an identification parade if necessary.
- Order confrontations if needed.
- Summon necessary individuals (excluding Security Forces members unless essential).
- Carry out any other relevant immediate proceedings.
Judge’s Sentence and Budget
If the judge finds facts missing, they must proceed to prosecution under Article 963 LEC.
Extra Control and Recourse
Summary proceedings rules provide extra control. Appeals and annulment actions can be taken against final rulings.
Trial of Offenses
Cases for Immediate Trial
Immediate trials are held for offenses against the family (maltreatment, injury, threats, coercion, insults, and vexations) and flagrant theft. Other offenses may also be expedited.
Requirements for Misdemeanor Trials
No application is required for misdemeanor trials, even if initiated by a complaint. Complaints need not be signed by an attorney or proxy.
Coroner’s Role
If immediate prosecution isn’t possible, the Guard Jdo refers the proceedings to the competent court or schedules the trial within seven days.
Prosecutor’s Absence
The prosecutor’s absence is permitted except when required to report the absence of the injured or disabled. In such cases, the complainant’s statement holds evidentiary value but doesn’t determine the penalty.
Trial in absentia
Trials can proceed in the defendant’s unjustified absence if they were formally summoned, unless the judge deems their statement necessary.
Misdemeanor Trial Procedure
- Reading of the complaint or petition.
- Witness examination.
- Presentation of admissible evidence.
- Defendant’s statement.
- Presentation of admitted evidence.
- Oral submissions by parties.
- Defendant’s final statement.
Res Judicata
Effect of Res Judicata
Res judicata prevents a decided matter from being re-litigated in the same or a different process.
Formal Res Judicata
Formal res judicata prevents challenging a final criminal court settlement within the same process, especially after appeals are exhausted or deadlines have passed.
Objective Limits
Res judicata applies to all tried criminal acts. In continuing offenses, it extends to undiscovered acts to maintain unitary treatment.
Review as a Non-Resource
Review isn’t a resource because it lacks typical remedy characteristics. It has no filing deadline, exists outside the original proceedings, applies only to convictions, and may lead to state compensation for wrongful convictions.
Reviewable Decisions
Reviewable decisions must be final, guilty sentences for crimes (not misdemeanors) issued by a Spanish court.
Rescindente and Rescission Trials
A rescindente trial determines if a conviction should be overturned. The Second Division’s Criminal Tribunal of the Supreme Court handles this. A rescission trial, conducted by the original court, may follow, retrying the case.
Competent Body for Annulment
The Provincial Court or High Court handles annulments.