Judicial Process: Structure, Principles, and Resolutions

Posted on Oct 20, 2025 in Law & Jurisprudence

The Judicial Process and Its Acts

1. Defining the Judicial Process

The judicial process is the method followed in carrying out the function of jurisdiction for the purpose of effective judicial protection.

Terminology Distinction

  • Process: The general instrument of the court used to implement Judicial Power and protect violated rights and interests.
  • Trial (Enjuiciamiento): Sometimes used as a synonym for the process, although the process is a broader concept and includes legal actions before and after a trial.
  • Procedure: The external form of the process that defines precise requirements and actions in every case.

The process involves substantive right, action, and application of jurisdiction, regulated by law (pre-established procedure), following a pre-established sequence of actions (stages), with actions mostly derived from the parties and the judge.

Features of the Process

  • Functional: It is the unique instrument to exercise jurisdiction (Art. 24, 117 SC).
  • Artificial: It is created by the legislator.
  • Technical: Its objective is an effective process.
  • Comprehensive Protection: Includes the declaration of a right or its violation, execution, and protective measures.

2. Basic Structure of the Process

The basic structure includes initiation, basic actions, and appeals.

Initiation

The right to effective judicial protection is fundamental and subjective:

  • The court cannot initiate a procedure as it would affect its independence.
  • Only the party of the conflict or interest can initiate the procedure and determine its content (demand).

Exception: Criminal cases (initiation by the prosecutor or popular action) or cases of public interest where the public prosecutor can start the procedure.

Basic Actions

These actions derive from the needs for a motivated, valid judgment: facts related to the legal conflict (presented by the parties), verification of facts, and application of the legal basis.

Minimum Actions

Preparation, allegations (statements) of the parties and other participants, evidential actions, conclusions, and judgment.

  • Preparation: Preparation of the strategy, mainly the task of lawyers. It is not specifically regulated by law, but there could be pre-established legal requirements, such as:
    • Attempt at administrative solution of the conflict before going to court.
    • Conciliation attempt in labor relations.
    • Conciliation attempt under Art. 278 of the LECrim.
  • Allegations (Statements): Collection of facts through:
    • Complaint (lawsuit).
    • Reply to the lawsuit (admission or denial of facts or legal consequences, presentation of new facts, presentation of exceptions).
  • Evidential Actions: Verification by the judge of facts presented by the parties based on: witnesses, documents, experts’ reports and declarations, forensic evidence, etc.
  • Conclusions: Parties make conclusions based on all their declarations and demands.
  • Judgment: Or other judicial resolution that finishes the process (trial).

3. Types of Judicial Processes

Civil Process (LEC)

  • Ordinary Procedure (Art. 249 LEC, new regulation since 2023): For claims > 15,000 Euros, claims where the amount cannot be calculated, and some specific cases (e.g., rights of honor, privacy, real estate rent).
  • Oral Procedure (Art. 250 LEC): For claims < 15,000 Euros, and some specific cases (e.g., maintenance, confirmation of rights for estate).
  • Specialized Processes: E.g., legal capacity, divorce.

Stages: Lawsuit, declarations, initial hearing (conciliation, deadlines, resolution of procedural questions), trial, judgment, appeal, extraordinary appeal (procedural violation, cassation, revision, cancellation).

Penal Process: Types of Procedures

  1. Ordinary: Foreseen punishment of imprisonment of more than 9 years.
  2. Simplified: Foreseen punishment of imprisonment of 5–9 years.
  3. Rapid: Foreseen punishment of imprisonment up to 5 years.
  4. Jury: Specific crimes according to Art. 1.2 JOA.
Penal Process Structure
  1. Investigation: Determination of whether there is a basis to accuse a person for the crime.
  2. Intermediate Stage: Accusation.
  3. Oral Trial: Accusation and defense, evidential actions, possibility to rectify accusation or defense, final declaration of accusation and defense, judgment.
  4. Execution: Appeal, cassation, revision, cancellation.

4. Principles of the Judicial Process

General Principles

  • Contradiction: The key principle requiring duality of positions (between parties, or between legal and real status).
  • Audience: Nobody can be judged without the opportunity to be heard in litigation. Lack of audience equals lack of defense, violating Art. 24 of the SC. An exception is possible when a person is declared in default (rebel).
  • Equality (Equity): The main objective is not only to give the same rights to the parties but to ensure their equal possibilities in the process.

Subject Matter Principles

These principles vary depending on the branch of law (penal law vs. civil, labor, and administrative law).

Civil, Labor, and Administrative Law

Disposition:

  1. Alternative to initiate or not the litigation.
  2. Party can resign from its interests, make a transaction, or recognize the demand.
  3. Judge pronounces only about what is demanded.

Contribution of Evidence:

  • General Rule: Only parties bring the evidence.
  • Exception: The judge can ask for clarifications or additional facts when there is not enough information to take a judicial decision or when there is a need to protect the interest of a minor or a person with limited capacity.
Penal Law

Accusation: The judge pronounces only within the limit of accusations made by the accusing parties. Parties provide evidence; the judge can only help to get or order additional evidence. Only materials (accusations) presented to the court are analyzed, even if more aspects have been revealed in the investigation stage.

Investigation Ex Officio (de oficio): Performed by the examining judge, violence against women judge, or prosecutor. It focuses on finding grounds for accusation and creates a division between the investigation and the trial.

Procedural Principles

  • Oral Process: Contact with the judge is direct, concentrated, and public.
  • Written Process: Development of actions in due sequence and time.

These forms complement each other. Whether a process is treated as written or oral depends on the form of evidential actions. Judgment is always written and announced orally. All oral actions are recorded by legally allowed means.

Public Process: All aspects of the process are known to parties and all involved persons, ensuring public control of the Judicial Power. Art. 120.1 SC states: “Judicial proceedings shall be public, with the exceptions contemplated in the laws on procedure.” Art. 120.3 SC states judgments “shall be delivered in a public hearing.”

5. Acts of the Process

The case is defined by: initiation (complaint/lawsuit), summons of the parties (court order), records of the trial, and final resolution (judgment or ruling).

Classification of Actions of Process

  1. Judicial Institution:
    • Judge: Decisive actions of the process (judgment and ruling) and substantial organization of the process (court order).
    • Court Clerk (Letrado de la Administración de Justicia): Formal organization of the process, documentation, and certification (fe pública).
    • Justice Administration: Procedural and administrative actions.
  2. Parties: Actions of statement and actions of direct effect.
  3. Third Persons: Experts, witnesses, and third persons interested in the process.

6. Judicial Resolutions

Judgment (Sentencia)

Art. 245.1(c) LEC. Definitive decisions that finish a trial.

  • Definitive: Issued in every court.
  • Final: The last possible decision or one where the deadline for appeal has been missed.
  • Executive: Officially published or announced final decisions.
Structure of a Judgment (Art. 248.3)
  1. Heading (judicial organ, parties and their representatives, object of the case).
  2. Summary of the conflict/facts provided.
  3. Proven facts.
  4. Legal basis.
  5. Decision (Disposition).
  6. Signature of the judge or bench of judges.

If the decision is not final, the possibility of appeal must be explained.

Ruling (Auto)

Art. 245.1(b) LEC. Normally, all other decisions related to the subject matter that are not judgments.

  • Response to appeals against court orders.
  • Response to procedural requests.
  • Decision on nullity of actions (ex officio).
Structure of a Written Ruling (Art. 248.2)

Facts, Legal basis, Disposition (conclusions on the basis of facts and legal basis), Signature of the judge or bench of judges.

Court Order (Providencia)

Art. 245.1(a) LEC. Determination of the substantive order of the process. Used when a judicial decision is needed, but the form of a ruling is not foreseen.

Structure of a Written Court Order (Art. 248.1)

Expression of what is ordered by the judge, Judge or court taking this resolution, Date, Signature of the judge, Signature of the judicial clerk. No legal reasoning or explanations are required, but they are not forbidden.

7. Requirements for Actions and Acts

  • Time: (Art. 179-185 OLJP, 130-136 LEC)
  • Place: (Art. 268, 269)
  • Language: (Art. 231)
  • Form: (Art. 229-230)
  • Publicity: (Art. 232-236)