Criminal Procedure: Principles, Participants, and Jurisdiction
Principles of Process
Accusatory, Officer/Necessity Duality, Equality, Contradiction (the right of the last word is the very personal right to a defense that has all accused (art. Lecro 739). If a trial is given or is severed illegally, the right to trial’s last word is zero. You cannot convict the accused even if self-incrimination on the right of the last word), Free Evaluation of Evidence (Presumption of Innocence, no one can be condemned without any valid proof and minimum charge), Proportionality, Legality, Opportunity, Absolute Truth, or Material.
Principles of the Procedure
Orality, Immediacy, Double Instance, Advertising, Estoppel, Celerity, Concentration.
Concept of Criminal Procedure
The criminal process is mixed; it has two stages: 1. Research and 2. Trial. It is the means or instrument provided by the State to implement the punitive law. Only through the criminal process may it impose a penalty, punishing a fact. It is private justice. Features: Needed, Public Interest, and Practical Purpose. The medium used in the process: It does the right to punish the state (ius puniendi), the monopoly of this right has the State, but the right of action is what the public prosecutor, the injured or offended, or any natural person or legal entity with legal standing. Proof: The only evidence at the trial practice in the research phase is not tested; they are measures of inquiry. There are two exceptions: the test early and pre-constituted evidence.
Commencement of Prosecution
When it comes to the knowledge of the judge, either: a) because he has or is entirely coincidental. b) have passed the news on: complaint (or police report), complaint prompted by the injured party or by the prosecutor, and the judge’s office to take cognizance of criminal news.
Concept of Witness
It is the third (which is not a party to the proceedings) who has knowledge of a fact relevant to the process, either because it is perceived by the senses directly or because someone else has said. The first scheme is a direct witness, and the second witness in question.
Concept of Expert
The expert is a third party, not a part expert—titled or not on a specific subject (professional, artistic…)—that is deemed necessary to enlighten the Court on issues relating directly to the events that are settled at trial.
Prosecutor, Private Prosecutor, and Popular Prosecution
The Public Prosecutor is the body that defends the general interests and is obliged to institute criminal proceedings in public and semi-public crimes and civil action, without prejudice to the possibility of withdrawal or reservation of the action civil. Private prosecutor (or particular) is directly exercising the injured, with or without the civil action. Popular Accusation: any citizen can exercise it even if not injured or harmed.
Grounds for Suspension of Trial
Lecro 746 establishes the grounds:
- Question of incidental, with no possibility of resolution at once.
- Diligence out of court not being checked between two sessions.
- Non-appearance of witnesses and experts is necessary.
- Illness of any party (not accused) but may be replaced without great inconvenience to the defense.
- Illness of the accused, unable to be present after the physicians had heard officially.
- Retractions, unexpected revelations, or substantially altered and new elements are needed, or some brief supplementary instruction.
Pleas
Inhibitory action on the part that goes to the trial judge that he has jurisdiction, but that is NOT knowing the subject. Pleas: In this case, it goes to the incompetent judge who believes that knowing the subject.
Subjects to Judge the Jury
Crimes against people, against the honor and safety, fire, and those committed by public officials in performing their duties. Also in the crimes of homicide, threats, failure to provide relief, burglary, forest fires, infidelity in the custody of documents, bribery, influence peddling, misappropriation of public fraud and extortion, negotiations prohibited to public officials, and infidelity in the custody of prisoners.
Objective Functional and Territorial Jurisdiction
The rules of competition are those that are going to distribute or allocate a certain matter between the courts. There are three plots to determine which court will deal with it.
Objective Competition: Rules to allow deployment of the knowledge of a particular case by reason of the object or matter of which question.
Functional Competition: It’s going to say I know what body in each of the grades or steps (the first instance, on appeal, appeal or second instance, or on appeal).
Jurisdiction: Which body is competent to hear a particular case because of their territorial location.
Resources
Reform (only against decisions of courts). Class: Landscape/Ordinary. Presents: Before the organ. Resolves: the same body that rendered the decision. Effects: None.
Petition (Only against decisions of courts). Class: Landscape/Ordinary. Presents: Before the organ. Solve: The same court that rendered the decision. Effects: None.
Complaint Class: Vertical/Ordinary. Presents: At the top you have to solve. Resolves: The national higher than that which issued the decision under appeal. Effects returnable.
Appeal Type: Vertical/ordinary. Presents: Before the organ. Resolves: The national supervisor. Effects: It depends on the decision. Case Against returnable and suspensive effect.
Abrogation Class: Vertical/Extraordinary. Presents: It was announced and prepared before the same court that rendered the decision. Comes before the Supreme Court. Resolves: Supreme Court. Effects returnable and suspension. Review. Class: Extraordinary. Presents: Before the Supreme Court. Resolves: Supreme Court. Effects: No effect.
Jurisdiction, Duties, and Standards for Sharing
The jurisdiction is the power of the State comprising adjudicate and to enforce judgments by the courts, which implement the system using the instrument juridical representing the process. Embody the judges and magistrates who make up the Judiciary. It is unique. Competence. It is a criterion for the allocation of cases that knowledge can assign a cause to a judicial body to the exclusion of all others. Is always exercised through the process. The lack of jurisdiction or absence determines the mistrial motion. To be considered ex officio or at the request of a party.
Related
The offenses that relationships exist between objective, subjective, or grounds, which bind by ties of connection between them, should be treated as a unit. Reachable when an element is common.
Related actions (subjective): The tasks simultaneously by two or more people gathered, where they are coming under different judges or courts or special, or likely to be due to the nature of the crime. Those committed by two or more people in different places or times if it had preceded concert.
Related actions (objective): The tasks as a means to perpetrate another or facilitate their implementation and tasks to ensure the impunity of other crimes.
Jurisdiction will be attributed the knowledge of the crime that has brought the heaviest punishment legally.
Related offenses excluded from the Court Jury: The prevarication and those of related crimes whose prosecution can be carried separately without breaking.
Trick Question
Those in their development are misleading the subject to respond, thus favoring the party that made them.
Suggestive Question
When she herself suggests or forces the contents of the response.
Irrelevant or Impertinent Question
Are those who try to get the witness information that has no substantial relationship to the facts that are being tested. What is the extent that from a logical point of view does not advance the theory of the case of either party.
Meter
Exceptions are subjective or immunities, excluded from the ordinary criminal courts and are a) the head of state, in that the king’s person is inviolable and not subject to liability. B) deputies and senators of the Parliament, by the opinions and statements made in the exercise of their parliamentary duties during the performance of elective office. C) Members of Parliament. D) Ombudsman and his deputies. E) Judges of the Constitutional Court. F) Members of Legislative Assemblies of the Autonomous G) Internationally persons referred to in the 1961 Vienna Convention.
National Hearing Affairs Judging
A) Prosecution and adjudication of cases of serious crimes of art. 65 LOPJ not assigned by the JCP: Crimes against the crown holder, his spouse, his successor, senior bodies of the nation, and polity. Counterfeiting, crimes relating to monetary and exchange control. Fraudsters and change the price of the things that produce or may produce a serious impact on commercial traffic safety in the national economy or damage property in a generality of persons in the territory of more than one hearing. Drugs or narcotics trafficking, fraud, food, and pharmaceutical or medicinal substances, provided they are committed by organized gangs or effects which in places belonging to different audiences. Crimes committed outside national territory, where under the laws or treaties correspond prosecution the Spanish courts. Also, extend its jurisdiction to crimes related outlined. B) Matters of transfer of jurisdiction from international treaties. C) Decision on European arrest warrant D) Extradition passive.
Cabe Resources in Order Opening
No, except in relation to the personal circumstances of the accused.
Objective Functional and Territorial Jurisdiction
The rules of competition are those that are going to distribute or allocate a certain matter between the courts. There are three plots to determine which court will deal with it.
Objective Competition: Rules to allow deployment of the knowledge of a particular case by reason of the object or matter of which question.
Functional Competition: It’s going to say I know what body in each of the grades or steps (the first instance, on appeal, appeal or second instance, or on appeal).
Jurisdiction: Which body is competent to hear a particular case because of their territorial location.
Related
The offenses that relationships exist between objective, subjective, or grounds, which bind by ties of connection between them, should be treated as a unit. Reachable when an element is common.
Related actions (subjective): The tasks simultaneously by two or more people gathered, where they are coming under different judges or courts or special, or likely to be due to the nature of the crime. Those committed by two or more people in different places or times if it had preceded concert.
Related actions (objective): The tasks as a means to perpetrate another or facilitate their implementation and tasks to ensure the impunity of other crimes.
Jurisdiction will be attributed the knowledge of the crime that has brought the heaviest punishment legally.
Related offenses excluded from the Court Jury: The prevarication and those of related crimes whose prosecution can be carried separately without breaking.
Content and Defense Qualification
According to art. 650: They will appear in separate paragraphs and numbered and will be: 1) Facts. 2) Legal qualification. 3) Authoring or accomplices. 4) Modifying circumstances. 5) Penalty. 6) Liability.
Adjudged
Res judicata has two effects: the irreversibility and the inability of a retrial on the same topic that generated the final decision and that the same becomes firm (and automatically appreciable parte). The term res judicata when the same defendant and the same offense charged).
Complaint and Complaint, Difference
The complaint can be made either way. This is usually verbal and not subject to formal requirements; the complainant is not part of the process, and there is submitted for acceptance. The complainant is part of the procedure and is the private prosecutor.
Mandatory Measures in the Trial Brief
Receive a statement from the accused.
Mandatory Measures in the Regular Trial
Statement investigation.
Preparatory Measures
Research conducted by the court, designed to determine all the circumstances relating to the facts and subjects that were involved in the criminal apparently done, and to ensure personal responsibility, and if necessary, property.
Pre-Trial Proceedings
It is the investigation of any nature entrusted to the prosecutor and/or judicial police, certainly not a judicial nature. It is incompatible with previous criminal investigations.
External Structure of the Sentence
Header (place, date, and events leading to the formation of the cause and identifying the prosecution, the accused, and the judge-rapporteur). Facts (separate, numbered paragraphs: Declaration expresses -strict proven facts. referring Expresses proof that such determination is based. Conclusions-Texis body parts where applicable). Law: Sections separated and numbers (the criminal of the proven facts (type, participation, implementation, and modifying circumstances) doctrinal and jurisprudential justification, qualification of the facts proven and civil liability: legal and responsible. Basis for costs and qualification of charge or false accusation. Is reference to the legal provisions that are deemed applicable. Bug: Conviction or acquittal of the penalty and if the liability and costs, any declaration by slanderous denunciation or complaint.
Pleas
Inhibitory action on the part that goes to the trial judge that he has jurisdiction, but that is NOT knowing the subject. Pleas: In this case, it goes to the incompetent judge who believes that knowing the subject.
Jury, Judging Matters
Crimes against people, against the honor and safety, fire, and those committed by public officials in performing their duties. Also in the crimes of homicide, threats, failure to provide relief, burglary, forest fires, infidelity in the custody of documents, bribery, influence peddling, misappropriation of public fraud and extortion, negotiations prohibited to public officials, and infidelity in the custody of prisoners.
Jurisdiction, Duties, and Standards for Sharing
The jurisdiction is the power of the State comprising adjudicate and to enforce judgments by the courts, which implement the system using the instrument juridical representing the process. Embody the judges and magistrates who make up the Judiciary. It is unique. Competence. It is a criterion for the allocation of cases that knowledge can assign a cause to a judicial body to the exclusion of all others. Is always exercised through the process. The lack of jurisdiction or absence determines the mistrial motion. To be considered ex officio or at the request of a party. Sharing rule: It is the distribution of cases between the organs of identical and territorial district to balance its workload.
Prosecutor, Private Prosecutor, and Popular Prosecution
The Public Prosecutor is the body that defends the general interests and is obliged to institute criminal proceedings in public and semi-public crimes and civil action, without prejudice to the possibility of withdrawal or reservation of the action civil. Private prosecutor (or particular) is directly exercising the injured, with or without the civil action. Popular Accusation: any citizen can exercise it even if not injured or harmed.
Expert, the Concept
The expert is a third party, not a part expert—titled or not on a specific subject (professional, artistic…)—that is deemed necessary to enlighten the Court on issues relating directly to the events that are settled at trial. Classes: Graduates and non-graduates.
Trick Question
Those in their development are misleading the subject to respond, thus favoring the party that made them.
Suggestive Question
When she herself suggests or forces the contents of the response.
Irrelevant or Impertinent Question
Are those who try to get the witness information that has no substantial relationship to the facts that are being tested. What is the extent that from a logical point of view does not advance the theory of the case of either party.
Criminal Procedure, the Concept
The criminal process is mixed; it has two stages: 1. Research and 2. Trial. It is the means or instrument provided by the State to implement the punitive law. Only through the criminal process may it impose a penalty, punishing a fact. It is private justice. Features: Needed, Public Interest, and Practical Purpose. The medium used in the process: It does the right to punish the state (ius puniendi), the monopoly of this right has the State, but the right of action is what the public prosecutor, the injured or offended, or any natural person or legal entity with legal standing. Proof: The only evidence at the trial practice in the research phase is not tested; they are measures of inquiry. There are two exceptions: the test early and pre-constituted evidence.
Criminal Process, Start
When it comes to the knowledge of the judge, either: a) because he has or is entirely coincidental. b) have passed the news on: complaint (or police report), complaint prompted by the injured party or by the Prosecutor and c) automatically from the judge to take cognizance of criminal news.
Process Principles
Accusatory, Officer/Necessity Duality, Equality, Contradiction (the right of the last word is the very personal right to a defense that has all accused (art. Lecro 739). If a trial is given or is severed illegally, the right to trial’s last word is zero. You cannot convict the accused even if self-incrimination on the right of the last word), Free Evaluation of Evidence (Presumption of Innocence, no one can be condemned without any valid proof and minimum charge), Proportionality, Legality, Opportunity, Absolute Truth, or Material.
Process, Abnormal Termination of the Accused
Death, Waiver of the victim, the aggrieved Forgiveness (not applicable sentencing after conviction), and conformity of the accused.
Procedure, Adjudicate
Abnormal termination: self-admission of complaint or file of the proceedings of a preliminary investigation.
Procedures, Principles
Orality, Immediacy, Double Instance, Advertising, Estoppel, Celerity, Concentration.
Criminal Procedure: Who Directs the Cause? Who Fails the Cause?
The judicial organs are to instruct trial courts, but in the case of crimes committed by graduated, instruction is conducted in the chambers of the Civil and Criminal Superior Courts of Justice or the Division of Criminal Justice, which are expressly named a judge of the Trial Chamber instructed and then not part of the court trying. In crimes jurisdiction of the Audiencia Nacional, the instruction is up to the Central Court of Instruction. Exception: as related to juvenile justice, rests with prosecutors. Failure Cause: The judge or Tribunal than the instructor, except for the faults that the magistrate judge, but no instruction.
Resources
Reform (only against decisions of courts). Class: Landscape/Ordinary. Presents: Before the organ. Resolves: the same body that rendered the decision. Effects: None.
Petition (Only against decisions of courts). Class: Landscape/Ordinary. Presents: Before the organ. Solve: The same court that rendered the decision. Effects: None.
Complaint Class: Vertical/Ordinary. Presents: At the top you have to solve. Resolves: The national higher than that which issued the decision under appeal. Effects returnable.
Appeal Type: Vertical/ordinary. Presents: Before the organ. Resolves: The national supervisor. Effects: It depends on the decision. Case Against returnable and suspensive effect.
Abrogation Class: Vertical/Extraordinary. Presents: It was announced and prepared before the same court that rendered the decision. Comes before the Supreme Court. Resolves: Supreme Court. Effects returnable and suspension. Review. Class: Extraordinary. Presents: Before the Supreme Court. Resolves: Supreme Court. Effects: No effect.
Sentence, Classes
A) Final: It is the criminal who decides the question in an instance. B) Sign: It is the one against which no appeal except to review or rehabilitation. C) It is an enforceable judgment solemnized in a public document.
Dismissal
It is the final court decision, issued by the competent body at the intermediate stage, in which the procedure is terminated, either temporarily or permanently, without jus puniendi act of the state. It is issued in the investigation stage by the court competent investigating judge, summary proceedings, proceedings before the Justice Court, and the Provincial Court in the regular procedure. Against the orders of dismissals, according to art. 636 can only appeal. Classes in response to the subject: Total (file of the cause, recovery of pieces of evidence to its owner if known, cancellation of bonds and seizures) Partial: For the remainder will open the proceedings. The special effect of the dismissal would be the suspension of proceedings, but can be reopened as long as the offense has not prescribed). Classes line with the contents: Provisional (lack of determination of the offense, lack of determination of the author, dementia occurring absentia of the defendant, and the defendant) or permanent (None of fact, atypical of the fact or lack of criminal illegality, exemption from criminal liability as the author incapable of guilt).
Suspension of the Hearing, Statement
Lecro 746 establishes the grounds:
- Question of incidental, with no possibility of resolution at once.
- Diligence out of court not being checked between two sessions.
- Non-appearance of witnesses and experts is necessary.
- Illness of any party (not accused) but may be replaced without great inconvenience to the defense.
- Illness of the accused, unable to be present after the physicians had heard officially.
- Retractions, unexpected revelations, or substantially altered and new elements are needed, or some brief supplementary instruction.
Class Concept and Witness
It is the third (which is not a party to the proceedings) who has knowledge of a fact relevant to the process, either because it is perceived by the senses directly or because someone else has said. Class: The first scheme is a direct witness, and the second witness in question.
Supreme Court, Judging Matters
A) Of the appeals, and other extraordinary review in criminal matters prescribed by law. B) Instruction and prosecution of cases against the dignitaries of the nation, ranging from the Prime Minister, Congress and Senate, the president and directors of the State Council, and the Ombudsman is not necessary that the acts for which prosecute are committed in the exercise of their functions, just the cause is directed against them. Investigation and prosecution of cases against judges of the High Court and the Supreme Court. They also have jurisdiction over any challenge that could bring against it covers judges to hear and determine questions of jurisdiction between the Courts of the court order itself having no common superior.