The Public Prosecutor’s Role in the Spanish Criminal Justice System
## The Public Prosecutor in the Spanish Criminal Justice System
### Introduction
The Public Prosecutor is an organ of constitutional significance with legal personality, integrated with functional autonomy within the judicial branch and Judicial.-Monopoly adversarial principle: The result is the need for parties to encourage the exercise of ius puniendi: Public interest in this exercise and institution responsible for promoting .– – No court, itself part of Justice Administration. Therefore, no test is done to him, notwithstanding he can provide or seek to adduce evidence or may give directions to the Judicial Police for procurement (Art. 773.1) can not adopt measures restricting the right: detention as Police officers also .—- unit performance: maximum performance, nuanced in practice (eg, competence or intervention at different stages of the process, in which the positions of the MF can not match .—- Company Structure: Events: Art. 23 EOMF immediate superior, giving its reasons, act as advocates for themselves the case or appoint another prosecutor to the dispatch, art. 25 EOMF: O rder and instructions, general or specific, I all resolutions .— discrepancies Peak: Attorney General: art. 8 EOMF Government may want to promote activities to advocate the public interest: response-based, independent, annual report .— It is part and instrument of security policy .— Government Guarantee of motivation and written translating these expressions .——- Impartiality: lecro Section 2: Fill in when you can help or harm the accused. fundamental guarantee of our system, decisively modulates the Hierarchical dependency criterion —— Legality: art. 3.4 EOMF Exercise civil and criminal actions arising from crimes and misdemeanors and to oppose any civil or criminal actions brought by others, as appropriate. It is considered opposed to the principle of opportunity, existing only minor process, but can be considered compatible with the principle of legality formal opportunity situations or propitiation of the principle of consensus in order to obtain a ruling to confirm. Desirable this margin expansion in criminality actuació No trifle, as interpreter of the public interest means the suspension of prosecution, not planned but that in other countries. KINDS OF CRIMES UNDER public prosecution-a-Public-b-semi: the procedural Condition: complaint of the injured. inconsentido Crimes assisted reproduction (art. 161.2 PL); crimes of sexual assault, harassment or sexual abuse (art. 191); discovery and revelation of secrets, unless the offender is a public official or general interest or affect a number of persons (art. 201 CP), abandonment and unpaid family food (art. 228 CP) negligence damages in an amount exceeding eighty thousand euro (art. 267 CP) offenses relating to the market and save consumers affecting general interests or a plurality of persons ( Art. 287 CP) unless corporate crimes affecting the general interests or plurality of persons (art.CP 296) faults in threats, coercion, insults or harassment, unfair mild, except when they occur in the family (art. 620), lack of injury or death by reckless imprudence mild (621 CP), lack of alteration of boundaries of inestimable value or not exceeding four hundred euros (art. 624 CP). —- They urge the public prosecutor can initiate when a minor offense, or they were incapable or helpless person, if you fail to do their representatives in crimes against sexual freedom, may also be pursued, regardless of the will of the offended, by the MF suit weighting of the legitimate interests at stake .—- Upon fulfilling the procedural status, the public prosecutor acts as an infringement if it were public, except that occurs Loss the offended extinguishes criminal liability in cases envisaged by law (ss 201, 267 and semi-faults) to be necessary in such cases (art. 130) that either express, prior to sentencing, after hearing the victim or his representative if minor or incapacitated and can reject the pardon in this case hearing the Ministry Prosecutor-c-Private: libel and slander towards individuals: Exclusion of the Public Prosecutor. There actio n pub lic, the aggrieved complaint is required and provides for the forgiveness of the victim (art. 215) .INTERVENCI ON. Section 8.4. Exercise EOMF criminal and civil actions arising from crimes and misdemeanors or oppose brought by others, when proceda.5. Intervene in criminal proceedings, urging the judicial authorities to adopt precautionary measures as appropriate and practice of measures aimed at establishing the hechos.a) Level of instruction: direct-instruction Inspection by public offenses (art. lecro 306) and must inform the instructor of measures iniciació n (308 lecro) and give the news that they ask them (arts. 324 CPP and 4.1 EOMF) – Urge the initiation of proceedings by filing complaints or referring complaint .- The investigation can be declared secret for them (art. 302 CPP). – Urge the framework of measures and precautionary measures. Necessary instance of impeachment in prison preventiva.-Intervention in the prá ctica of measures of research .- Challenge, as the other parties, judgments, and urge the adoption of appropriate measures on tramitació.b) In Phase intermediate, urging the dismissal or the opening of the trial and indictment, prosecutions and the civil resign unless the offense, or had reserved its action, request additional measures (art 780.1 CPP), request confirmation or revocation of the conclusion of the summary (627). c) During the trial, comparable to that of other litigants, to intervene in the handling of evidence and making final rating. d) Ongoing monitoring of the implementation of the decision (sections 3.9 and 4.EOMF), with particular importance when the proceedings before the supervising judge in question, since he does not act before the private prosecution or popular .—– DEFENDANT. Species of the accused. In a procedural stage advanced, with contradictory estructuració No process that has been expressly and formally indicted by a party other than the judge. Charged:-Condition necessarily antecedent to the accused. The contradictions Vocació n n making process (STC 186/90)”no one can be accused without being legally accuse” and are determined for traf mites constitució No passive part as such: Article 118 Any person who is accused a punishable act may exercise the right of defense, acting in any procedure that T his is, since his report of its existence, has been subject to detention or any other relief or processing has been agreed, to which effect is You will be instructed of this right.- The admission of a complaint and any actions resulting procedural of the imputation of a crime against person or persons named, will start immediately notify the defendants allegedly .— 384: (regular procedure): Since it is a result the summary algú No prima facie case against any particular person, issue a Decree declaring processed .— 520.2: Any person arrested or detained shall be informed so that he understands, and immediately, the facts alleged against him and motivational reasons for their deprivation of liberty and of his rights .– Art 767 (abbreviated): Since the arrest or from the proceedings proves that the accusation of a crime against particular person will require legal aid th .— 771.2) In short the Judicial Police in the crowded inform má s understandable how the accused were not arrested cuá are the facts attributed to him and his rights 775 .— The first abbreviated appearance at the court inform the accused, in the most understandable of the facts against him. Earlier, the Secretary will report its Entitlements: A taxable person in the process, people attributed the acts that may constitute a criminal offense. Rights-holder that are threatened as possible recipient of the effects of standard-holder penal. rights or interests are jeopardized by the very existence of the process:”Duties proceedings (to appear if called, attendance at trial, provided Attorney; designation of address) interim measures of protection (prison, pledges, liens)-measures research affects their fundamental rights: for example, on secret communications, genetic privacy, a privacy domiciliaria.Capacidad: Individuals, couples of age (birth only to assert his lack of legitimació n) legal persons not subject to drift peculiar condition of 31.2 or 369.2 CP: direct responsibility for fine: It’s criminal penalty, not liability. Care must respect the same powers as the accused, but it is questionable whether, for example, may be compelled to appear in court, unlike the responsible civil.Personas disabled (or not judicially declared as disabled): It requires the ability to understand the meaning or content of the trial, at least briefly, as an adequate budget or the minimum defensa.Así lecro 383. (dementia occurring after offense) provides instruction and completion of the file, as well as disease type, trial produces suspension (746.5). — In cases of crimes attributed to not be charged at the time of occurrence of the event (anomaly or psychic alterations No Quica; alterations perception), as well as requesting examina mé dicos volumes and information (381 and 382), there are two theoretical alternatives: a ) Complete instructional freely terminate ny n exemption from criminal liability (637.3): The offense is imprejuzgado without imposition of criminal sanction or civil liability, or security measures provided for in the Penal Code, withoutn the Penal Code, without prejudice to possible realization (directly or through the public prosecutor s) to civil court so that it can initiate a record of detention, which will have a purpose and not merely preventive therap utica Hazard: This solució n só it should fit in case of minor crime, which does not disclose hazard and there are no injured civiles.b) Submission to trial so that if necessary to resolve the civil liability and may adopt security measures, subject to the principles of legality (1.2 CP), judicial (3.1 COP) and demonstration of the commission of criminal conduct (6.1 CP). The 782.1 lecro is imposed for short and is extensible to the regular process. ——-Imputation: court decision potentially criminal acts attributed to a phase persona.a-In-For instrucción.1 admission of a complaint in intervention attributed to him in criminal acts that might be: Enough mere possibility of an assessment on the possible liability for penal.2-existence in a case pending incriminating content database that the judge valued as a me-For fundamento.3 nimo judicial adoption of precautionary measures, personal or real: Demands consistency of the appearance of criminal responsibility, except cases of avoidance of risks to the process. “It translates in summary proceedings in the call to declare in respect of the accused (art. 775) and the verbal comunicació No such act of the facts alleged. “In the ordinary processing means as imputació No formal written when there are prima facie (384 lecro), serious foundation involving incriminating data. -It is that the police inquiries interim measures (detention) or imputació n (771.2 lecro), but from the actuació No court in which you can hear them as defendants when he has to regarded as such, subject to rights situations generate. b-conclusion of the investigation, other legal acts that constitute the existence valoració No rational basis imputació n: In the abbreviated order of transformation in pre-trial (779.1.1) and already made the allegations, the order opening the trial (783.1), in the ordinary, the order opening the proceedings (art. 633). Imputación.La ——– Effects of imputation produces a double effect: “It defines the object of the process: People and acts investigated by preventing widespread investigations. Delimits indirectly the subject of the trial, because although it is delimited by the accusations, in turn they can not charge for events that have not been charged in the statement. —- Birth and full exercise of the right of defense. -Defense: Support and counsel. Constitutional guarantee to 17.3, 24.2 EC. It is imperative and in the statement: lawyer if not designa.-Representation: in summary proceedings without prejudice to appoint Attorney, counsel Representing lead to the opening of the trial (768), in summary, necessary prosecution solicitor from 3842 – JURISDICTIONAL EXEMPTIONS: Persons who legally can not be charged, by affecting fundamental interests of the State or its political structure, and for reasons of law and not Internacional.-liability inviolability of the King (Art. 56.3) state parliament , autonomic monkeys, or members of TC Ombudsman: by views expressed in exercising its funciones.-inviolability of foreign heads of state or diplomatic agents other than ticos.Es immunity, which involves subjecting the process must be Cá mara approved by the membership persists as the same, to which binds its capacity. Absence of the person: “In instructional: Valid without him, notwithstanding that once identified as essential safeguards must be brought to their attention the allegation and called the process without delay indebidamente.La call is made through its subpoena to be heard as the accused (in abbreviated) or detention (police or judicial). If no axes, from the outset or during the process, is expected to call for requisitions, which is a public site is expected to be published in official gazettes or newspapers, or on the notice board of the court-to appearing in the term to be granted.Also n is usually an order to the security forces for their search, which can take different forms when viewed with or without any relief (verification of residence, detention, search and arrest to imprisonment). If not found , the statement must conclude filing absentia and declared the cause, which remains to be found for their resumption (840 and 841), but will continue respect to non-rebel (842), which is the solution that provides shortened in the event that a co-defendant fails to appear without good cause, if they can be judged independently (786.1) 4 – LAWFULNESS OF AUSENCIAPrincipio trial in general: no. Exceptions: a-Expedited Procedure: 786.1-Penas specifically requested less than two years imprisonment or 6 if otherwise. Not worth rating changes have not been previously reported first-Required court appearance in court as a defendant to designate a person residing or notification purposes, with the warning (art. 775). – Quoted in person, or quoted on the person or address designated: not detract from the duty to determine his whereabouts to foster their personal subpoena, or may imply that if during the course of the proceedings became known that may have a different address should try it too there the summons in the avoidance of helplessness. – Absence without .- Petition of hearing accusations and defense .- judicial decision on sufficient evidence for prosecution .- Respecting the other guarantees: Defense counsel, recourse Case ordinary form of challenge .- specific mode: Art 793 . In addition to its ordinary right to appeal once been as notified personally (the court of first instance and the apelació n if any), may at the same time since she met with equal conviction and ask her mites traf anulació n , to be limited to requirements to be an infringement trial in absentia (STS 19/7/02 applying doctrine of plenary 25/2/00 )—–b: Fouls: trial in absentia is permitted if properly reported above unless the judge, ex officio or ex parte, the STATEMENT deems necessary (Article 971). Example: to identify it by testigos.Si lies outside the place of trial is not required to appear (979) and may submit written arguments and empower representative.