JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following Law.

EXPLANATORY STATEMENT

I

This Law is the result of the spirit of consensus that the Pact of State encourages for the reform of justice. Among the many objectives of this Pact is that a future Criminal Procedure Law will achieve " the streamlining of procedures, the improvement of short procedures, the immediate prosecution of the least serious crimes, and This is a very important issue, and the simplification of procedures in the major causes. " This objective does not allow for delay and must be promptly undertaken through a partial reform of the current Criminal Procedure Law. It is a question of deepening the way open, so that in the forensic language and even in the colloquial language they are known as "rapid judgments", giving rise in some cases to a really immediate justice.

Indeed, in certain cases, the processing of criminal proceedings is prolonged in time much longer than is necessary and advisable; and this procrastination is a source of certain situations that have generated in the In recent times, a notable social concern: delays in the substantiation of criminal proceedings are sometimes taken advantage of by the defendants to get out of the reach of the judicial authority and, above all, to reiterate their conduct. This is the result of the fact that the European Union is not a single country. citizenship in the face of certain types of crime. The immediacy and acceleration in the state response to crime is, without a doubt, a key element in preventing the phenomena described above and allowing the criminal justice to fulfill some of the goals assigned to it. This is the primary purpose of this partial reform.

This Law is part of the accumulated experience with the previous legislative measures that tried to obtain this result. Thus, the reforms of the Law of Criminal Procedure made by Law 10/1992, of April 30, of Urgent Measures of Processed Reform, and by the Organic Law 2/1998, of June 15, of modification of the Penal Code, and of the Law of Procedure Criminal, they assumed the introduction and the improvement, respectively, of the so-called system of "rapid judgments", through certain specialties of the abbreviated procedure designed to expedite the instructions and the oral trials.

The fact is that in practice the effectiveness of so-called "rapid judgments" has been very uneven, which is largely attributable to the legal configuration and limitations: its regulation as diverse specialties within the of the standard procedure and not as a special procedure; the absence of maximum deadlines for the preparatory and investigating activities, as well as for the holding of oral proceedings where, on the contrary, a minimum period of time is fixed for the ten days; the marginalization of the principles of concentration and orality; the insufficient (a) the conditions and offences which could lead to the opening of this procedure, some limitations imposed on the judicial police, etc. It is therefore necessary for a legal reform to regulate in more detail the mechanisms for speeding up prosecutions for crimes and to create new procedural files for the acceleration of criminal justice. This new legal regulation, which will be accompanied by the human resources and the necessary material means, is born with a vocation to produce a change in the habits of our Administration of Justice, in the perception that the citizenry has regarding the slowness of the criminal prosecution and the apparent impunity of the criminals.

To achieve this purpose, the following new developments are incorporated into the Criminal Procedure Law, whose reasons are immediately set out.

II

First, a special process is created for the speedy prosecution of certain crimes, which in certain cases allows for the immediate prosecution of those crimes. The scope of this new special process-which applies to the rules of the abbreviated procedure-is determined on the basis of criteria which, in the light of the experience, indicate that it will be possible in the This is a very important step in the process of the European Parliament. In any case, it is a matter of punishable acts in which the Judicial Police has arrested a person and made it available to the Court of Guard or in which, even without stopping her, she has summoned her to appear before the Court of Guard for having the quality of reported in the police state.

They are therefore alleged to have been police detention or police summons to appear before the Court of Guard. In addition, together with the above, within the generic scope of the abbreviated procedure, this special procedure is limited in its application under the three following circumstances, any of which is based on the application.

First of all, that it is a matter of blatant crimes, understanding for those in which there is no solution of continuity between the commission of the punishable fact and the police action that leads to the arrest or the summons.

In the second term, that is one of the crimes included in a cast, in which they include facts whose investigation is to be in principle simple, not yet flagrant, or facts with special effect In the case of citizens ' security, they are seriously repugnant to social conscience, as is the case with domestic violence.

In the third term, in the case of punishable facts, regardless of the circumstances above, an instructor, that is to say, where the circumstances of the case allow the investigation to be presumed to be It will be easy to finish in the short term.

The genuine and most important acceleration of these rapid processes-although not the only one-is the one to be given in the time that elapses from the opening of the criminal proceedings to the conclusion of the oral trial, without prejudice to the fact that The Court of Justice also held that the Court of Justice held that the Court of First Instance held that To these effects, the key part of the new procedure consists of a concentrated instruction before the Court of Guard: the entire phase of the instruction and preparation of the oral trial must be carried out in short time before the judicial body. This process, although it will have a special impact on big cities, is designed so that it can and must be applied in all the judicial parties in Spain, regardless of their size and crime rate.

The day-to-day experience of many Courts of Instruction shows that a large number of apparently criminal behaviors are susceptible to relatively simple research: they are few, and practically (i) a decision on whether the case should be dismissed or the conclusion of an oral trial should be taken. In order for this concentration of the actions to be carried out before the Court of Guard, the procedural law must make certain provisions such as, among others, the strengthening of the functions of the Judicial Police, the security of the the presence of all those affected in the on-call service or the active participation of the Fiscal Ministry, which has a prominent role and will therefore assume, together with the Courts of Instruction, a particular responsibility for the effectiveness of the reform. On the other hand, in the chaos in which the concentrated instruction abates to the celebration of the oral judgment, the speed of the system depends on the coordination between the Court of Guard and the prosecuting organ.

III

It is essential that the creation of this special process be accompanied by a reform of the abbreviated procedure. After more than 13 years of validity, there are few aspects of the abbreviated procedure-the investigation and prosecution of the vast majority of criminal acts-in which case law is currently being investigated. Constitutional and ordinary practice, the practice of our Courts and the doctrine have detected problems whose solution should not be delayed. In addition, given the extra application of the rules of the abbreviated procedure to the special process that is being created, there are aspects of the so-called "rapid judgments" that would not be effective without such modifications. This does not mean that a future comprehensive reform of our criminal prosecution should not have an impact on many other institutions.

The reforms that are introduced in the abbreviated procedure are of many types. In some cases, these are merely systematic or editorial changes, such as in the case that the Prosecutor's Office requests the dismissal and the offence is not personified as prejudiced by the prosecution. The Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European Union, of the Court of Justice of the European Union, of the Court of Justice In other cases, these are changes of greater or lesser content in their content. Thus, for example, among many others, the regulation of the resources or the regime of conformity. On this last point, it should be noted that, in order to allow a reasonable and measured system of conformity of the defendant with the penalty requested in the same Court of Guard, it is necessary to reform in certain respects the legal framework of the compliance in the abbreviated procedure.

IV

Another important premise of this reform is that the acceleration of criminal justice cannot only cover the investigation and prosecution of crimes, but it is also necessary to include the prosecution of criminal offences. The immediate effect of the faults, whose impact on citizen security is significantly relevant (theft and damage to public or private goods of up to fifty thousand pesetas, injuries requiring simply a first optional assistance, etc.). This Law reformation certain articles of the regulation of the trial of faults to allow, in a few cases, the trial to be held before the Court of Guard itself in a few hours, even in less than twenty-four, since it has news of the fact and that, if such an immediate judgment is not possible, the organ of call will proceed to the summons of the parties for the trial to be held in a short term.

Article first.

A new wording is given to Title II of Book IV of the Criminal Prosecution Act.

" TITLE II

From the abbreviated procedure

CHAPTER I

General provisions

Article 757.

Without prejudice to the special procedures, the procedure laid down in this Title shall apply to the prosecution of offences punishable by a custodial sentence of no more than nine years, or any other penalties of a different nature may be unique, joint or alternative, irrespective of the amount or duration.

Article 758.

The prosecution of the offences listed in the previous article shall be accommodated in accordance with the common rules of this Law, with the amendments entered in this Title.

Article 759.

In the cases covered by this Title, the questions of jurisdiction to be promoted between Courts and Courts of the ordinary jurisdiction shall be substantiated according to the following rules:

1. When a Court or Court refuses the knowledge of a cause or claims the knowledge of the other, and there is doubt about which of them is the competent, if it does not result in the first communication with Such a motive shall be directed, shall, without delay, put the fact, in the knowledge of the hierarchical superior, by reason of reasoned exposure, in order to have said superior, after hearing the Prosecutor and the parties personated in appearance to be held within the 24 hours thereafter, decide at the event what it considers to be appropriate, without further appeal.

When the question arises in the instructional phase, each of the Courts will continue to practice the urgent and absolutely indispensable measures for the verification of the crime and the investigation and identification of the possible guilty.

2. No Judge of Instruction, of the Criminal, or Central of Instruction or of the Criminal, may promote questions of competence to the respective Audiences, but to expose them, heard the Ministry of Fiscal by term of one day, the reasons that has to believe that it is up to him to know the matter.

The Court will give the Attorney's Office and the parties personated two days of the exhibition and the background, and, after hearing all, without further formalities, it will resolve within the third day what it deems appropriate, communicating this resolution to the Court that has exposed it for compliance.

3. When any Judge of Instruction, of the Criminal, or Central of Instruction or of the Criminal, viniere understanding of cause attributed to the competence of the respective Audiences will be limited to order to the one, ears the Ministry Fiscal and the parties personated for two days, who refrain from knowing and refer them to the actions.

Article 760.

Initiated a process in accordance with the rules of this Title, as soon as it appears that the fact is not understood in any of the assumptions of Article 757, it will be continued according to the general provisions of this Law, without (a) to go back to proceedings more than in the case where it is necessary to take action or to take action in accordance with those legal provisions.

On the contrary, initiated a process under the common rules of this Law, will continue its substantiation in accordance with those of this Title as soon as it is stated that the fact of the trial is understood in some of the Cases referred to in Article 757. In both cases the change of procedure shall not involve the instructor.

Initiated a process under the rules of this Law, as soon as it appears that the fact could constitute a crime whose prosecution is the jurisdiction of the Tribunal of the Jury, will be in accordance with the provisions of Article 309 bis.

Agreed on the procedure to be followed, the Prosecutor's Office, the accused, and the parties will be immediately informed.

Article 761.

1. The exercise by individuals, whether or not offended by the offence, of the criminal action or of the civil action arising therefrom, shall be carried out in the form and with the requirements set out in Title II of Book II, expressing the action which is exercised.

2. Without prejudice to the provisions of the foregoing paragraph, the offence or wronged person shall be instructed of the rights in accordance with Articles 109 and 110 and other provisions and may be included in the cause without the need to formulate a complaint.

Article 762.

The Judges and Courts shall observe in the processing of the causes referred to in this Title the following rules:

1. The Judge or Court that orders the practice of any diligence shall be understood directly with the Judge, Court, authority or official in charge of its performance, even if the Judge is not immediately subordinate to it. immediate superior of those.

2. To cure the dispatches to be issued will always be used the fastest means, accrediting the requests for assistance that have not been requested in writing.

3. If the person who is to be summoned has no known address or is not found by the Judicial Police within the period prescribed by the Judicial Police, the Judge or Tribunal shall send the corresponding cedula by the means that it considers more It is ideal for the person concerned to be able to reach the person concerned, and only when he considers it indispensable will he agree to his disclosure by the social media.

4. The requisitions to be issued shall be inserted in the corresponding automated file of the Security Forces and Corps and, where deemed appropriate, in the written means of communication.

5. A written document and the documents that are presented in the case will be accompanied by so many literal copies of the same, made by any means of reproduction, as many as the other parts and the Prosecutor, to whom they will be delivered notifying them of the decision which has fallen on the respective letter.

The omission of the copies will only result in the Secretary at the expense of the omitent, if the Secretary does not present them within the time of a hearing.

6. To prosecute the related offences included in this Title, where there are elements to do so independently, and in order to judge each of the defendants, where several, the Judge may agree to the formation of the Separate parts that are suitable for simplifying and activating the procedure.

7. In the declarations, the national identity document of the persons who provide them shall be reviewed, except in the case of agents of the authority, in which case the review of the number of professional meat is sufficient. Where, in such circumstances or by any other, the identity of the person is not in doubt and is known to have the age of eighteen years, the certificate of birth shall not be brought to the cause. In another case, the certificate and the corresponding dactyloscopic information shall be joined. The completion of the instruction shall not be delayed due to the absence of the birth certificate, without prejudice to the fact that when the certificate is received it shall be supplied to the proceedings.

8. When the accused or witnesses do not speak or do not understand the Spanish language, it shall be carried out in accordance with the provisions of Articles 398, 440 and 441, without requiring the designated interpreter to have official title.

9. The information prevented in Article 364 shall only be verified when the instructor is in doubt about the preexistence of the thing which is the object of the subtraction or the defrauding.

10. The reports and statements referred to in Articles 377 and 378 shall only be requested and received when the Judge considers them essential.

11. When the facts on trial result from the use and circulation of motor vehicles, the driving licences for drivers and the driving licences of motor vehicles shall also be provided in the first declaration provided by the drivers. certificate of compulsory insurance, as well as the document proving its validity. The certificate of compulsory insurance and the document certifying its validity shall also be provided for in those other cases where the activity is covered by the same insurance class.

Article 763.

The Judge or Court may agree to the detention or any custodial or restrictive measures of rights in cases where they proceed in accordance with the general rules of this Law. The action to be taken to implement these measures shall be contained in a separate part.

Article 764.

1. The Judge or the Court may also take precautionary measures for the insurance of pecuniary liabilities, including costs.

Such measures will be sealed by car and will be formalized in separate part.

2. For these purposes, the rules on content, budgets and the replacement of the precautionary measures laid down in the Law on Civil Procedure shall apply. The provision of the arrangements to be agreed shall be made in the manner provided for in the Law of Civil Procedure and may be carried out by the entity in which the person against whom the measure is directed is assured of the civil liability.

3. In cases where civil liability is wholly or partly covered by compulsory liability insurance, the insurance undertaking or the Insurance Compensation Consortium shall be required, where appropriate, to ensure that the liability is not limited to: limit of compulsory insurance, or those. If the security required is greater than the limit, the direct or subsidiary person shall be obliged to provide bail or guarantee for the difference, in other cases the seizure of his assets.

The entity responsible for compulsory insurance may not, in such a way, be a party to the process, without prejudice to its right of defence in relation to the obligation to secure, to which effect it shall be admitted in writing, solving their claim in the corresponding part.

4. The immediate intervention of the vehicle and the retention of the vehicle's driving licence may be agreed, for the time necessary, where it is necessary to carry out some research at that or to ensure the financial liabilities, the solvency of the person or the third party responsible is not established.

The intervention of the driving licence may also be agreed by requiring the defendant to refrain from driving motor vehicles, as the measure in the case of the measure, with the prevention of the provisions of Article 556 of the Code Penalty.

The above measures, once adopted, will lead to the withdrawal of the respective documents and their communication to the relevant administrative bodies.

Article 765.

1. In proceedings relating to facts arising from the use and movement of motor vehicles, the Judge or Court may point out and order the payment of the interim pension which, depending on the circumstances, considers necessary in terms of the amount and duration of the pension. the victim and the persons who are in his position. The payment of the pension shall be made in advance on the dates which the Judge or the Court, by the insurer, if there is, and up to the limit of the compulsory insurance, or with the bail or the Compensation Consortium of the Insurance, in the cases of civil liability of the same, in accordance with the provisions that are proper to it. The same measure may be agreed where the civil liability arising from the fact is guaranteed by any compulsory insurance. Everything related to this measure will be performed in a separate part. The interposition of resources shall not suspend the obligation to pay the pension.

2. In proceedings relating to facts arising from the use and movement of motor vehicles, the Judge or Court may, after hearing the Prosecutor, authorise the accused persons who are not in a preventive detention and who have their domicile or habitual residence abroad, to be absent from the Spanish territory. To this end, it will be essential that the pecuniary responsibilities of any order arising from the punishable act are sufficiently guaranteed, the person having a fixed address in Spain who receives the notifications, citations and sites which have to do so, with the prevention contained in Article 775 as regards the possibility of holding the trial in its absence, and which render non-personal caution, where no bond of the same class is already agreed, to guarantee freedom and their presentation on the date or time limit set for them. Equal attribution and under the same conditions shall be the responsibility of the Judge or Court to hear the case. If the person concerned does not appear, the State shall be awarded the amount of the security and shall be declared in absentia, subject to the provisions of Article 843, unless the legal requirements for concluding the judgment in his absence are satisfied.

Article 766.

1. The reform and the appeal shall be exercised against the orders of the Judge of Instruction and the Judge of the Criminal who are not excepted. Unless the Law provides otherwise, the reform and appeal will not suspend the course of the procedure.

2. The appeal may be lodged in the subsidiary with the reform or separately.

In no case will it be necessary to institute the reform in advance to present the appeal.

3. The appeal shall be lodged within five days of the notification of the contested order or of the decision of the reform appeal, in writing in which the grounds for the appeal shall be laid down, they must be given evidence and shall be accompanied, where appropriate, by the documents supporting the requests made. The latter shall be transferred to the other parties for a common period of five days, so that they may submit in writing what they consider appropriate, to indicate other particulars to be given and to produce the supporting documents. of their claims. Within two days of the end of the period, testimony shall be sent from the individuals indicated to the respective Hearing, which, without further formalities, shall resolve within the following five days. Exceptionally, the Court may request the proceedings for consultation provided that the processing of those proceedings is not hindered; in such cases, the proceedings must be returned to the Judge within the maximum period of three days.

4. If the appeal has been lodged with the reform, if the appeal is wholly or partly out of order, before it has been transferred to the other parties, the appellant shall be transferred to the appellant for a period of five days. which makes representations and may, where appropriate, provide the supporting documents for its requests.

5. If, in the order appealed on appeal, the provisional prison of any of the accused is agreed, the appellant may, in respect of such a pronouncement, request in the written form of appeal the holding of hearing, that the Respective hearing. Where the order in question contains other statements on precautionary measures, the Court may agree to the conclusion of the hearing if it considers it appropriate. The hearing must be held within 10 days of receipt of the cause at the hearing.

Article 767.

Since the arrest or since the actions resulted in the imputation of a crime against a certain person, the legal assistance will be necessary. The Judicial Police, the Prosecutor's Office or the judicial authority shall immediately seek the appointment of a lawyer by the Bar, if the person concerned has not already appointed him.

Article 768.

El Comercio] The defense attorney appointed for the defense will also have legal authorization for the representation of his defense, not being necessary the intervention of attorney general until the opening of the oral trial. Until then, the lawyer will have the duty to indicate his address for the purposes of notifications and transfers of documents.

CHAPTER II Of the actions of the Judicial Police and the Prosecutor's Office

Article 769.

Without prejudice to the provisions of Title III of Book II of this Law, as soon as you are aware of a fact that is a matter of the nature of a crime, the Judicial Police shall observe the rules laid down in this Chapter.

Article 770.

The Judicial Police will immediately go to the scene and conduct the following steps:

1. It shall require the presence of any medical practitioner or health personnel who may be required to provide, if necessary, the appropriate aid to the offended. The required one, even if only verbally, that does not attend without fair cause the requirement will be sanctioned with a fine of 500 to 5,000 euros, without prejudice to the criminal responsibility in which it could have incurred.

2. It will accompany to the record of constancy photographs or any other magnetic support or reproduction of the image, when relevant for the clarification of the punishable fact and there is a risk of disappearance of its sources test.

3. It shall collect and protect in any event the effects, instruments or evidence of the crime of whose disappearance there is danger, in order to make them available to the judicial authority.

4. If the death of any person has occurred and the body is on the public road, on the railway or in another place of transit, it shall be moved to the next place which is most suitable in the circumstances, re-establishing the interrupted service and immediately giving the judicial authority an account. In exceptional situations in which such an emergency measure is to be taken, the position of the interfect shall be pre-filled, with photographs being obtained and the exact situation in which it was placed on the site.

5. It shall take the personal data and address of the persons in the place where the event was committed, as well as any other data that would help to identify and locate them, such as the usual place of work, fixed or mobile telephone numbers, fax number or e-mail address.

6. The vehicle shall be returned from the vehicle and shall retain the driving licence of the vehicle and the driving licence of the person to whom the event is charged.

Article 771.

In the indispensable time and, in any case, during the time of the arrest, if any, the Judicial Police shall practice the following steps:

1. It will fulfill the duties of information to the victims provided by the legislation in force. In particular, it shall inform the offence and the injured party of the offence in writing of the rights which are granted to them in accordance with Articles 109 and 110. The offended of

will be instructed

their right to be a party to the cause without the need to formulate a complaint and, both to the offended and the injured party, to their right to appoint a lawyer or to call for the appointment of a lawyer on their own initiative in case of rightholders of the right to free legal assistance, of their right to, once they have been personified in the case, to take cognizance of the action, without prejudice to Articles 301 and 302, and to call for what is appropriate. They shall also be informed that, if they do not comply with the cause and do not resign or reserve civil actions, the Prosecutor's Office shall exercise them if it corresponds.

2. It will inform you in the most understandable way of the imputed not detained of what are the facts attributed to you and of the rights that you are attending.

In particular, it shall instruct you of the rights referred to in Article 520.2 (a), (b), (c) and (e).

Article 772.

1. The members of the Judicial Police will require the assistance of other members of the Security Forces and Corps when necessary for the performance of the functions entrusted to them by this Law.

2. The Police will extend the state of affairs in accordance with the general rules of this Law and will submit it to the competent court, make available to the detainees, if any, and send a copy to the Prosecutor's Office.

Article 773.

1. The Prosecutor shall be constituted in the proceedings for the exercise of criminal and civil actions under the Law. It shall ensure respect for the procedural guarantees of the person concerned and for the protection of the rights of the victim and those harmed by the offence.

In this procedure, it is up to the Prosecutor's Office, in a special way, to promote and simplify its handling without the right to defend the parties and the contradictory nature of the process, giving the Judicial Police General or particular instructions for the most effective performance of their duties, intervening in the proceedings, providing the means of proof that they may have or ask the Judge of Instruction to practice them, as well as to urge the adoption of precautionary measures or their lifting and the conclusion of the investigation as soon as it considers that the necessary actions have been taken to resolve the criminal action.

The Attorney General of the State shall issue as many orders and instructions as appropriate to the action of the Prosecutor in this proceeding, and in particular with regard to the application of the provisions of Article 1 (1). 780.

As soon as the opening of the procedure for the proceedings is ordered before the Court of the Jury, it will be brought to the attention of the Prosecutor's Office, who will appear and intervene in all the actions taken before the jury.

2. When the Prosecutor's Office is aware of an apparently criminal act, either directly or by filing a complaint or atado, it will practice the same or order the Judicial Police to practice the proceedings it deems relevant. for the verification of the fact or the responsibility of the unit-holders.

The Prosecutor will decree the file of the actions when the fact does not magazine the characters of crime, communicating it with expression of this circumstance to whom it has alleged to be harmed or offended, in order that it can reiterate its Complaint to the Judge of Instruction. In another case, he will urge the Judge of Instruction to initiate the procedure that corresponds to the referral of the action, making the arrest, if any, and the effects of the crime at his disposal.

The Fiscal Ministry will be able to appear before any person in the terms established in the Law for the Judicial summons, in order to receive a declaration, in which the same guarantees will be observed in this Law for the loan before the Judge or Court.

Cesara the Prosecutor in his proceedings as soon as he becomes aware of the existence of a judicial proceeding on the same facts.

CHAPTER III Previous Diligence

Article 774.

All judicial proceedings relating to offences under this Title shall be recorded as prior proceedings and shall apply to them as provided for in Articles 301 and 302.

Article 775.

In the first appearance, the Judge will inform the defendant, in the most understandable form, of the facts that are attributed to him. In advance, the Registrar will inform you of your rights and will require you to designate an address in Spain in which the notifications will be made, or a person who receives them on your behalf, with the warning that the summons made in the domicile or the person appointed shall permit the conclusion of the judgment in his absence in the cases provided for in Article 786.

Both before and after making a statement, you will be allowed to hold a reservation with your lawyer, without prejudice to the provisions of Article 527 (c).

Article 776.

1. In the first appearance, the Registrar shall inform the offended and the injured party of his rights, in the terms provided for in Articles 109 and 110, even if the Judicial Police had previously done so. In particular, the measures for assistance to victims provided for in the legislation in force and the rights referred to in Rule 1 (1) of Article 771 shall be instructed.

2. The failure to provide this information by the Judicial Police and by the Judge at the hearing shall not prevent the proceeding from proceeding, without prejudice to the possibility of the procedure being carried out as quickly as possible.

3. Those who will be personable will be able to take cognizance of what has been done and to urge the practice of diligence and their right to suit, the judge agreeing to do so in order to practice these proceedings.

Article 777.

1. The Judge shall order the Judicial Police or practice the necessary steps to determine the nature and circumstances of the event, the persons who have participated in it and the body responsible for the prosecution, to the Ministry of Public Prosecutor's opening and

of the facts that determine it. The common and ordinary means established by this Law shall be used for this purpose, subject to the amendments set out in this Title.

2. Where, on the grounds of the place of residence of a witness or victim, or for another reason, it is reasonably to be feared that a test may not be carried out in the oral proceedings, or may give rise to its suspension, the Judge of Instruction shall immediately practice the same, assuring in any case the possibility of contradiction of the parts.

This diligence must be documented in support for the recording and reproduction of the sound and the image or through the act authorized by the judicial secretary, with the expression of the interveners.

For the purposes of its assessment as a proof of judgment, the party to whom it is interested shall in the oral judgment urge the reproduction of the recording or the literal reading of the diligence, in the terms of Article 730.

Article 778.

1. The expert report may be provided only by an expert when the Judge considers it sufficient.

2. In the case of injuries, it is not necessary to wait for the injured person's healing when the file or the dismissal is coming. In any other case the processing may be continued without such a health being reached, if it were possible to make a written statement of accusation.

3. The Judge may agree, where he considers it necessary, that the medical examiner or other expert must obtain samples or vestiges for which the analysis could facilitate the best qualification of the fact, with due diligence on his or her remission. to the appropriate laboratory, which shall send the result within the time limit specified.

4. The Judge may agree that the autopsy shall not be carried out when the cause and the relevant circumstances of the death are delivered by the medical examiner or by the person who does his or her duties.

5. The Judge may order the assistance to be provided to the injured, sick and any other person who, on the occasion or occasion of the event, needs optional assistance, stating, where appropriate, the place of his treatment, detention or hospitalization.

Article 779.

1. The Judge shall, without delay, take any of the following decisions by order:

1. If you consider that the fact is not a criminal offence or that your perpetration is not sufficiently justified, you will agree to the appropriate termination by notifying those who may cause the offence. injury, even if no part of the cause has been shown. If, even if he considers that the fact can be a constitutive of crime, no known author, he will remember the provisional dismissal and order the file.

2. If you repudiate the fact that you have given rise to the formation of the proceedings, you shall send the action to the competent court, where it does not correspond to its rinsing.

3. If the fact is attributed to the military jurisdiction, it shall be inhibited in favour of the competent body. If all of the defendants are minors, the Attorney General's Office will be transferred to the Child Prosecutor to initiate the proceedings of the Law on the Criminal Responsibility of the Child.

4. If the fact constitutes a crime within the meaning of Article 757, it shall follow the procedure laid down in the following chapter. This decision, which shall contain the determination of the punishable facts and the identification of the person to whom it is charged, shall not be adopted without having taken a declaration to that person in accordance with the terms laid down in Article 775.

5. If, at any time before, the assisted defendant of his lawyer has recognized the facts in the presence of a judicial presence, and these are constitutive crimes punishable by punishment included within the limits provided for in the Article 801 shall immediately call upon the Prosecutor's Office and the parties concerned to express their written statement of accusation with the defendant's conformity. If so, it shall take urgent action and shall order the proceedings to be followed by the formalities provided for in Articles 800 and 801.

2. In the first three cases, if there is no member of the Prosecutor's Office constituted at the Court, nor shall the parties have brought an action, the proceedings shall be forwarded to the Prosecutor of the Hearing, who, within three days of his (a) to be returned to the Court with the application of the appeal or the 'see' formula, and then in this case the execution of the case shall be carried out.

CHAPTER IV

From the preparation of the oral judgment

Article 780.

1. If the Judge of Instruction agrees that the procedure laid down in this chapter should be followed, in the same resolution he shall order that he be moved from the previous, original or photocopy proceedings to the Prosecutor's Office and to the accusations (a) to ensure that, within the common period of 10 days, they request the opening of the oral proceedings by making a written statement of accusation or the dismissal of the case or, exceptionally, the practice of supplementary measures, in the case of the following paragraph.

2. Where the Ministry of Public Prosecutor's Office expresses the impossibility of making a statement of accusation for the absence of essential elements for the classification of the facts, it may be necessary, on a preliminary basis, to carry out the necessary measures to to make an accusation, in which case the requested Judge shall agree.

The Judge will agree on what he deems appropriate when such a request is made by the prosecution or accusations.

In any case, it will be cited for its practice to the Prosecutor's Office, to the parties personally and always to the defendant, and then to move on to the actions.

Article 781.

1. In addition to the request for the opening of the oral proceedings before the body which is deemed competent and the identification of the person or persons against whom the charge is addressed, the statement of accusation shall include the extremes referred to in the Article 650. The charge shall be extended to the offences attributable to the accused of the offence or to other persons, where the commission of the fault or its test

was related to the offense. The amount of the compensation shall also be expressed or the basis for its determination and the persons responsible for it shall be laid down, together with the other statements on the delivery and destination of things and the effects and imposition of the costs of the proceedings.

In the same document, the evidence of interest in the oral trial will be proposed, expressing whether the complaint of documents or the summons of experts and witnesses should be carried out through the judicial office.

In the indictment, it may be possible to request the early practice of those tests that cannot be carried out during the sessions of the oral trial, as well as the adoption, modification or suspension of the measures to which refer to Articles 763, 764 and 765, or any other resulting or adopted, as well as the cancellation of those taken in respect of persons against whom they are not charged.

2. The Prosecutor's Office shall, after information to its superior hierarchical, and the accusations personated may request a justification for the extension of the period laid down in the previous article. The Judge of Instruction, given the circumstances, may agree to the extension of that period for a maximum of 10 more days.

3. If the Prosecutor's Office does not submit its letter within the time limit set in the previous article, the Judge of Instruction shall require the superior of the acting Prosecutor, so that within ten days he shall submit the written document, giving reason of the reasons for its failure to submit a deadline.

Article 782.

1. If the Prosecutor's Office and the particular accuser seek the dismissal of the case for any of the grounds laid down in Articles 637 and 641, the Judge shall agree, except in the case of numbers 1, 2, 3, 3, 5 and 6 of the Article 20 of the Criminal Code, in which it will return the actions to the accusations for qualification, continuing the trial to sentence, to the effects of the imposition of security measures and the prosecution of the civil action, in the cases provided for in the Criminal Code.

By agreeing to the dismissal, the Judge of Instruction will leave the prison and other precautionary measures agreed.

2. If the Prosecutor's Office requests the dismissal of the case and has not been personified in the same particular accuser willing to hold the charge, before the dismissal of the Judge of Instruction is agreed:

(a) You may agree that the request of the Prosecutor's Office be made known to those directly offended or harmed, not personified, so that within the maximum period of 15 days they will appear to defend their action if they are consider appropriate. If they do not do so within the prescribed period, the withdrawal requested by the Prosecutor's Office shall be agreed, without prejudice to the following subparagraph.

b) You may refer the cause to the superior of the Prosecutor's office to decide whether or not to hold the indictment, who will communicate your decision to the Judge of Instruction within ten days.

Article 783.

1. If the oral trial is to be opened by the Prosecutor's Office or the special charge, the Judge of Instruction shall agree, unless he considers that the alleged number 2 of Article 637 is present or that there are no rational indications of criminality. against the defendant, in which case he shall agree to the withdrawal which corresponds to Articles 637 and 641.

When the Judge of Instruction decrees the opening of the oral trial only at the request of the Prosecutor's Office or the particular prosecution, it will be given a new transfer to the person who has requested the withdrawal for three days in order to (i) a written statement of accusation, unless he has renounced it.

2. By agreeing on the opening of the oral trial, the Judge of Instruction will decide on the adoption, modification, suspension or revocation of the measures concerned by the Prosecutor's Office or the particular charge, both in relation to the defendant and (a) in respect of civil servants, who, where appropriate, shall require security, if the defendant is not to be provided within the time limit laid down, and on the rise of the measures taken against those who have not been charged.

In the same car, the Judge of Instruction will point out the competent organ for the knowledge and failure of the cause.

3. No recourse shall be made against the order to which the oral judgment is opened, except as regards the personal situation, the defendant being able to reproduce before the body of proceedings the unaddressed petitions.

Article 784.

1. The oral trial will be opened, with the submission of a copy of the letters of indictment, so that within three days he will appear in the case with a lawyer to defend him and the attorney general to represent him. If he does not exercise his right to appoint a prosecutor or to apply for an office, he will be appointed in any case on his own initiative. This procedure shall be carried out, the original proceedings shall be moved, or by photocopy, to the persons appointed as defendants and third parties responsible in the letters of charge, so that within a common period of ten days they shall be written in defence against the accusations made.

If the defence fails to submit its written statement within the prescribed period, it shall be understood to be against the allegations and the proceedings shall be followed, without prejudice to the liability of the defence in accordance with the provisions of the Title V of Book V of the Organic Law of the Judiciary.

Once the procedure for submitting your letter has been precluded, the defense will only be able to propose the proof that it provides in the act of the oral judgment for its practice in the same, without prejudice to the fact that, moreover, it may be interested previously that free of the necessary communications, provided that it does so in good time with regard to the date set for the judgment, and as provided for in the second subparagraph of Article 785 (1). All this is without prejudice to the fact that, if the parties concerned consider that there has been an absence of defence, they may be brought forward in accordance with the provisions of Article 786 (2).

2. In the case of a defence, the court may request the court to order the referral of documents or to give evidence to experts or witnesses, for the purposes of the practice of the relevant evidence at the sessions of the oral proceedings or, where appropriate, of the practice of Advance test.

3. In his letter, also signed by the defendant, the defense may manifest its conformity

with the indictment under the terms provided for in article 787.

Such a conformity may also be provided with the new statement of qualification jointly signed by the accused parties and the defendant together with his Letting, at any time prior to the conclusion of the meetings of the oral judgment, without prejudice to the provisions of Article 787.1.

4. If, in the course of the oral proceedings, the accused persons are in an unknown location and have not made the designation of domicile referred to in Article 775 and, in any event, if the penalty requested exceeded the limits laid down in the paragraph Article 786 (1), second paragraph, shall be issued with a request for the appeal and seeks, declaring them as rebels, if they do not appear or are not found, with the effects prevented by this Law.

5. In order to do so, the Registrar shall agree to refer the action to the body responsible for prosecution, and shall notify the parties, except where the prosecution is due to the Judge of the Court of Justice. Penal and the latter will periodically move to the headquarters of the Instructor Courthouse for the celebration of the trials coming from the same, in which case will remain the performances in the Court at the disposal of the Judge of the Criminal.

CHAPTER V

From the oral judgment and the judgment

Article 785.

1. As soon as the proceedings are made available to the body responsible for prosecution, the Judge or the Court shall examine the evidence proposed and shall immediately decide to self-admit the evidence which it considers relevant and rejecting the other evidence, prevent the necessary for the practice of the advance test and indicate the day on which the sessions of the oral trial are to begin. This resolution shall order the release of the communications which are necessary to ensure the practice of the evidence which is proposed and accepted, when the parties have so requested.

Against the cars of admission or inadmissibility of evidence, no recourse shall be made, without prejudice to the fact that the party to which it was refused may reproduce its petition at the beginning of the sessions of the oral trial, until which time they may be able to to be incorporated into the cause of the reports, certifications and other documents which the Fiscal Ministry and the parties deem appropriate and the Judge or Court admit.

2. The date for the trial shall be made taking into account the defendant's imprisonment and the assurance of his presence at the court's disposal, the complexity of the proposed test or any significant circumstance.

3. In any event, even if it is not part of the process or should be involved, the victim must be informed in writing of the date and place of the trial.

Article 786.

1. The holding of the oral trial requires precept the assistance of the defendant and the defense attorney. However, if there are several defendants and one of them ceases to appear without a legitimate reason, as appreciated by the Judge or Court, the parties may agree to the continuation of the trial for the other parties.

The unjustified absence of the accused person who would have been personally cited, or at the address or in the person referred to in Article 775, shall not be the cause of suspension of the oral judgment if the Judge or the Court, at the request of the Prosecutor's or the accuser's office, and the defence is heard, considers that there are sufficient grounds for prosecution, where the penalty sought does not exceed two years of deprivation of liberty or, if it is of different nature, when its duration does not exceed six years.

The unjustified absence of the responsible third party in due form will not in itself be the cause of the suspension of the trial.

2. The oral trial will begin with the reading by the Secretary of the writings of indictment and defense.

Then, at the request of a party, the Judge or Tribunal will open a turn of interventions so that the parties can explain what they deem appropriate about the jurisdiction of the judicial body, violation of some fundamental right, the existence of articles of prior pronouncement, causes of the suspension of the oral judgment, nullity of actions, as well as on the content and purpose of the evidence proposed or that are proposed to be practiced in the act. The Judge or the Court shall rule in the same act on the questions raised. In the light of the decision taken, no appeal shall be made, without prejudice to the relevant protest and that the question may be reproduced, where appropriate, in the appeal against the judgment.

Article 787.

1. Prior to the initiation of the test, the defence, with the agreement of the defendant present, may ask the Judge or the Court to give judgment in accordance with the statement of charge which contains a penalty of greater seriousness, or with which shall be presented in that act, which may not relate to a different fact, or contain a more serious rating than that of the previous indictment. If the sentence does not exceed six years ' imprisonment, the Judge or Court shall give judgment in accordance with the sentence of the defence, if the conditions laid down in the following paragraphs are met.

2. If, on the basis of the description of the facts accepted by all the parties, the Judge or Court understands that the accepted qualification is correct and that the penalty is obtained according to that qualification, it shall give judgment of conformity. The Judge or Court shall in any case have heard the defendant as to whether his conformity has been freely provided and with knowledge of its consequences.

3. In the event that the Judge or Court considers the qualification to be incorrect or understands that the penalty sought does not proceed legally, it shall require the party which has filed the most serious charge to state whether or not it is ratified in him. Only when the requested party changes its indictment in such terms that the qualification is correct and the penalty requested is appropriate and the defendant again provides his or her conformity, the Judge or Court may issue a judgment of conformity. In another case, it will order the continuation of the trial.

4. Once the defence has shown its conformity, the Registrar shall inform the defendant of its consequences and then the Judge or President of the Court shall require him to state whether he is in conformity. When the Judge or Court holds doubts as to whether the defendant has freely provided his conformity, he shall agree to the continuation of the judgment.

You may also order the continuation of the trial when, notwithstanding the defendant's compliance, your advocate deems it necessary and the Judge or Court considers your request to be based.

5. They do not bind the Court of Justice or the Court of Justice on the adoption of protective measures in cases of limitation of criminal liability.

6. Judgments of conformity shall be used where they have not complied with the requirements or terms of conformity, although the defendant may not, for reasons of substance, challenge his or her freely provided conformity.

Article 788.

1. The practice of the test shall be carried out in a concentrated manner, in consecutive sessions as necessary. Exceptionally, the Judge or the Court may decide to suspend or postpone the sitting, up to the maximum limit of 30 days, in the cases referred to in Article 746, with the effect of the acts performed, unless the replacement of the Judge or member of the Court in the case of paragraph 4 of that Article.

It will not be a cause of suspension of the judgment of the lack of accreditation of the health, of the assessment of damages or of the verification of another circumstance of analogous significance, provided that it is not indispensable requirement for the qualification of the facts.

In this case, the quantitative determination of the civil liability will be deferred to the execution procedure, with the bases of the same being fixed in the sentence.

2. The expert report may be provided only by an expert.

3. After the practice of the test, the Judge or President of the Court shall require the prosecution and the defence to manifest if they ratify or modify the conclusions of the written documents initially submitted and to express orally how much (a) consider the assessment of the evidence and the legal status of the facts.

The requirement may be extended to request from the Prosecutor's Office and the lawyers a further clarification of concrete facts of the evidence and the legal assessment of the facts, submitting to debate one or more questions about points.

4. Where, in its final conclusions, the charge changes the criminal classification of the facts or an increased degree of participation or execution or circumstances of aggravation of the penalty is assessed, the Judge or Court may consider a postponement of the sitting, up to the limit of 10 days, at the request of the defence, in order to enable the defence to properly prepare its claims and, where appropriate, to provide the evidence and discharge which it considers appropriate. Following the practice of a new test which may be requested by the defence, the charging parties may, in turn, amend their final findings.

5. When all the accusations qualify the facts as crimes punishable by punishment that exceeds the jurisdiction of the Judge of the Criminal, will declare this incompetent to judge, will terminate the trial and will transmit the performances to the Hearing competent. Outside the previous case, the Criminal Court will decide what it considers relevant about the continuation or termination of the trial, but in no case will it be able to impose a penalty higher than that corresponding to its jurisdiction.

6. The oral trial shall be carried out by the Judge or by the President and the Magistrates, the Registrar, the Prosecutor and the lawyers of the prosecution and the defence, with the essential content of the test carried out in the same way. incidents and complaints produced and the resolutions adopted, which may be supplemented or replaced by any means of mechanical, oral or written reproduction, the authenticity of which shall be authentic by the Registrar.

Article 789.

1. The sentence will be handed down within five days of the completion of the oral trial.

2. The Judge of the Criminal Court may issue a sentence orally in the act of judgment, documenting the judgment and a succinct statement of reasons through the Secretary's faith or in the annex to the minutes, without prejudice to the subsequent drafting of the judgment. If the Prosecutor and the parties, known as the judgment, express their decision not to appeal, the Judge shall, in the same act, declare the firmness of the judgment, and shall, after hearing the parties, decide on the suspension or the replacement of the sentence. imposed.

3. The judgment may not impose a more serious penalty than that requested by the allegations, nor may it be convicted of a different offence where it involves a variety of protected legal or substantial change of the act on trial, unless one of the allegations have taken on the approach previously set out by the Judge or Court within the procedure laid down in the second paragraph of Article 788.3.

4. The sentence will be notified in writing to those offended and harmed by the offence, even though they have not been shown a part in the cause.

CHAPTER VI

From the challenge of the statement

Article 790.

1. The sentence handed down by the Judge of the Criminal Court is appealing to the corresponding Provincial Court, and that of the Central Criminal Court, before the Criminal Court of the National Court. The appeal may be brought by either party within 10 days of the date on which the judgment was served on them. During this period, the actions at the Secretariat will be made available to the parties.

2. The written form of the appeal shall be lodged with the body which issued the decision which is contested, and in it the arguments on the breach of the rules and the procedural guarantees, the error in the assessment of the proceedings shall be laid down. evidence or infringement of rules of the legal order on which the challenge is based. The appellant shall also establish an address for notifications in the place where the Hearing is based.

If in the appeal the declaration of nullity of the judgment is asked for infringement of rules or procedural guarantees that will cause the indefencement of the appellant, in such terms that it cannot be remedied in the second instance, (a) shall lay down the legal or constitutional rules which are deemed to be infringed and the reasons for the defencelessness shall be expressed. It must also be established that the failure or infringement of the first instance has been addressed, except where it has been committed at the time when the complaint is no longer possible.

3. In the same letter of formalisation, the appellant may request the application of the measures of inquiry which he was unable to propose in the first instance, of the proposals which were wrongly refused, provided that he had at the time This is a protest, and of those admitted that were not practiced for reasons that are not imputable to him.

4. The Court of Justice shall, if it meets the conditions required, accept the appeal.

If you appreciate the concurrence of any subsable defect, you will grant the appellant no more than three days for the cure.

5. Admission of the appeal shall be made to the other parties for a common period of 10 days. Within this period, the pleadings of the other parties shall be submitted, in which the proof of application may be applied for in accordance with the terms laid down in paragraph 3 and where an address for service shall be fixed.

6. The Registrar, in the following two days, shall forward the written arguments or preclued the period for doing so to the other parties and shall bring the original orders with all the written submissions to the Court.

Article 791.

1. If the forms of formalization or allegations contain proof of proof, the Hearing will resolve in three days on the admission of the proposal and, in the same act, will indicate day for the hearing. It may also be held when, on its own initiative or at the request of a party, the Court considers it necessary for the proper formation of a founded conviction.

2. The hearing will be held within the next fifteen days and all the parties will be summoned. The victim must be informed, even if there is no need for his intervention.

The view will be held beginning, if any, by the practice of the test. The parties will then orally summarise the outcome of the same and the basis of their claims.

Article 792.

1. The judgment of appeal shall be given within five days of the oral hearing, or within 10 days of receipt of the proceedings by the Hearing, where its conclusion has not been obtained.

2. Where the judgment in appeal is annulled by breach of an essential form of the procedure, the Court, without going into the substance of the judgment, shall order the procedure to be put back to the state in which it was at the time of the procedure. without prejudice to the validity of all acts whose content would be identical, however, to the absence of such acts.

3. Against the judgment given in appeal, no recourse shall be made, without prejudice to the provisions of the review of final judgments and the provision in the following Article for the challenge of final judgments given in the absence of a decision. accused. The cars shall be returned to the Court for the purpose of execution of the judgment.

4. The sentence will be notified to those offended and harmed by the offence, even though they have not been shown a part in the cause.

Article 793.

1. At any time when he appears or has been convicted in absentia in accordance with the second subparagraph of Article 786 (1), the judgment given in the first instance or on appeal shall be notified to him. compliance effects of the penalty not yet prescribed. When the judgment is notified, it shall be informed of its right to bring the action referred to in the following paragraph, with an indication of the time limit for this and of the competent body.

2. The judgment given in absentia, whether or not it has been appealed, is liable to be appealed against by the sentenced person within the same period and with the same requirements and effects as those laid down in the appeal. The time limit shall be counted from the date on which it is established that the sentenced person was aware of the judgment.

CHAPTER VII

From the execution of statements

Article 794.

As soon as the judgment is signed, it shall be carried out by the Judge or by the Hearing which has given it, in accordance with the general provisions of the Law, with the following rules being observed:

1. If the compensation amount has not been fixed in the judgment, either party may, during the execution of the judgment, urge the practice of the evidence which it deems appropriate for its precise determination. It shall be forwarded to the other parties so that, within the common period of 10 days, they shall request in writing what is appropriate to them. The Judge or Court shall reject the practice of evidence which does not relate to the bases laid down in the judgment.

The test, and the parties heard for a common period of five days, shall be determined by order, within five days, of the amount of the civil liability. The order issued by the Judge of the Criminal will be appealed to the respective Hearing.

2. In cases where the penalty of deprivation of the right to drive motor vehicles and mopeds has been imposed, the immediate withdrawal of the permit and the enabling licence shall be carried out if such a measure is not already agreed, leaving the document to the cars and sending a commandment to the Central Command of Traffic to leave it with no effect and not to issue another new one until the extinction of the sentence. "

Article 2.

New wording is given to Title III of Book IV of the Criminal Procedure Act.

" TITLE III Of the procedure for the rapid prosecution of certain crimes

CHAPTER I

Scope

Article 795.

1. Without prejudice to the provisions of the other special proceedings, the procedure laid down in this Title shall apply to the instruction and prosecution of offences punishable by a custodial sentence not exceeding five years, or with any other penalties, whether unique, joint or alternative, the duration of which does not exceed 10 years, whatever the amount, provided that the criminal proceedings are initiated by a police officer and that the Judicial Police have arrested the a person and has made it available to the Court of Guard or who, even without stopping it, has summoned it to to appear before the Court of Guard for having the quality of the complaint in the police state and, in addition, any of the following circumstances:

1. It is a matter of blatant crimes. For these purposes, it will be considered a flagrant offence to be committed or to be committed when the offender is caught in the act.

The act shall be deemed to be a surprise not only to the offender who has been arrested at the time of committing the offence, but also to the person who has been arrested or persecuted immediately after committing him, if the persecution has lasted or not suspend while the offender does not get out of the immediate reach of those who pursue him. The offender shall also be deemed to be a criminal in which he is caught immediately after a crime with effects, instruments or vestiges which enable him to assume his participation in the offence.

2. This is one of the following crimes:

(a) Crimes of injury, joint actions, threats or physical or psychological violence committed against the persons referred to in Article 153 of the Criminal Code.

b) Hurt crimes.

c) Theft offences.

d) Crimes of theft and theft of vehicle use.

e) Crimes against traffic safety.

3. It is a punishable fact whose instruction is presumed to be simple.

2. The procedure laid down in this Title shall not apply to the investigation and prosecution of offences involving other offences or other offences not covered by the previous paragraph.

3. This procedure shall not apply in cases where it is appropriate to agree on the secrecy of the proceedings in accordance with Article 302.

4. In all cases not expressly provided for in this Title, the rules of Title II of this same Book, relating to the abbreviated procedure, shall apply.

CHAPTER II

From the actions of the Judicial Police

Article 796.

1. Without prejudice to the provisions of Title III of Book II and of the provisions of Chapter II of Title II of this Book, the Judicial Police shall practice in the time necessary and, in any case, during the time of detention, the Following steps:

1. Without prejudice to the application of the aid referred to in Article 770 (1), it shall apply to the doctor or health staff who shall address the offended copy of the report relating to the assistance provided for his/her union. to the police state. It shall also request the presence of the medical examiner where the person who has to be recognised is unable to move to the Court of Guard within the time limit laid down in Article 799.

2. Inform the person to whom the fact is attributed, even in the case of no arrest, of the right to appear before the Court of assisted counsel.

If the person concerned does not expressly express his will to appear assisted by a lawyer, the Judicial Police will seek the appointment of a lawyer from the Bar.

3. It will cite the person who is reported to be in the police state to appear at the Court of Guard in the day and time indicated to him, when his arrest has not been carried out. He will be warned of the consequences of not appearing before the police summons before the Court of Guard.

4. It will also cite the witnesses, the offended and the injured to appear in the Court of Guard in the day and hour indicated to them. Witnesses will be warned of the consequences of failing to appear at the police summons at the Court of Guard.

5. Cited for the same day and hour for the entities referred to in Article 117 of the Penal Code, in the case of the identity of the entities.

6. Rissue to the Institute of Toxicology, the Institute of Legal Medicine or the corresponding laboratory for the substances apprehended, the analysis of which is relevant. These entities shall proceed immediately to the requested analysis and shall forward the result to the Court of Guard by the quickest means and, in any case, before the day and time when the persons referred to in the above rules have been summoned. If the referral of the analysis is not possible within that period, the Judicial Police may itself practice such an analysis, without prejudice to the judicial review of the analysis.

7. The practice of alcohol controls will be in accordance with the provisions of road safety legislation. However, when a blood or other analogue test is carried out, it shall be necessary for the health personnel to do so to refer the result to the Court of Guard by the quickest means and, in any case, before the day and time of the summons to which refer to the above rules.

8. If the referral to the Court of Guard of any object that should be assessed is not possible, the presence of the expert or service concerned shall be immediately requested for examination and issue of the expert report. This report may be issued orally before the Court of Guard.

2. For the purposes of the citations referred to in the previous paragraph, the Judicial Police shall determine the day and time of the appearance in coordination with the Court of Guard. For these purposes, the General Council of the Judiciary, in accordance with the provisions of Article 110 of the Organic Law of the Judiciary, will dictate the appropriate Regulations for the ordination of the services of the Guard of the Courts of Instruction in relation to the practice of these citations, in coordination with the Judicial Police.

3. If the urgency so requires, the summons may be made by any means of communication, even verbally, without prejudice to their content in the relevant minutes.

CHAPTER III

Of the urgent proceedings before the Court of Guard

Article 797.

1. The Court of Guard, after receiving the attention of the police, together with the objects, instruments and evidence which, if any, accompany it, shall, where appropriate, initiate urgent proceedings. Without prejudice to the other functions entrusted to it, it shall, where appropriate, practice the following measures in the order it considers most appropriate or advisable, with the active participation of the Ministry of Public Health:

1. The criminal record of the arrested person or person shall be collected by the most rapid means.

2. No If necessary for the legal status of the facts imputed:

a) He will recover, if not received, the expert reports requested by the Judicial Police.

(b) He shall order, where relevant and proportionate, that the medical examiner, if he has not done so before, examine the persons who have appeared in the judicial presence and issue the relevant expert report.

(c) It shall order the practice by an expert of the valuation of goods or objects apprehended or intervened and made available to the courts, if it had not been done before.

3. Take a statement to the detainee, made available to the court or to the person who, resulting from the terms of the atado, has appeared in the police summons, in accordance with the terms of Article 775. In the absence of an appearance of the accused person to the police summons before the Court of Guard, he may be able to apply the provisions of Article 487.

4. Took statement to the witnesses cited by the Judicial Police who have appeared. In the absence of any witnesses to the police summons before the Court of Guard, he may be able to apply the provisions of Article 420.

5. It shall carry out the information provided for in Article 776.

6. It will practice the recognition at the wheel of the imputed, of being relevant and having compared the witness.

7. It shall order, if necessary, the carriage between witnesses, between witnesses and imputed or imputed to each other.

8. It will order the summons, even verbal, of the people who consider it necessary to appear before him.

9. The practice of any relevant diligence that may be carried out on the act or within the time limit laid down in Article 799 shall be ordered.

2. Where, by reason of the place of residence of a witness or victim or for another reason, it is reasonably to be feared that a test may not be carried out in the oral proceedings, or may give rise to his suspension, the Judge-on-guard shall immediately practice the In any case, the possibility of contradiction of the parties is assured.

This diligence must be documented in support for the recording and reproduction of the sound and the image or through the act authorized by the Judicial Secretary, with the expression of the interveners.

For the purposes of its assessment as a proof of judgment, the party to whom it is interested shall in the oral judgment urge the reproduction of the recording or the literal reading of the diligence, in the terms of Article 730.

Article 798.

1. The Judge shall then hear the parties and the Prosecutor's Office as to which of the decisions referred to in the following paragraph shall be adopted. Furthermore, the prosecuting parties and the Prosecutor's Office may request any precautionary measures against the accused or, where appropriate, in front of the civil liability, without prejudice to those that may have been taken before.

2. The Judge on call will make a decision with some of these contents:

1.o In the event that it considers sufficient due diligence, it shall give an oral order, which shall be documented and shall not be subject to any recourse, in order to follow the procedure of the following chapter, unless considers any of the decisions provided for in the first three ordinal of Article 779 (1), in which case it shall give a decision.

2.In the event that you consider insufficient due diligence, you will order the procedure to continue as prior proceedings of the abbreviated procedure. The Judge must state clearly what steps are necessary to complete the instruction of the cause or the circumstances that make it impossible.

3. Where the Judge on call gives the order by agreeing on any of the previous decisions in the first three ordinals of Article 779 (1), he shall agree on the adoption of precautionary measures against the person concerned and, in his case, in front of the civil liability. In the light of the decision of the Judge on precautionary measures, the resources provided for in Article 766 shall be provided. Where the Judge on call gives an oral order to order the continuation of the procedure, the adoption of precautionary measures shall be within the meaning of Article 800 (1).

4. It shall also order, where appropriate, the return of objects.

Article 799.

1. The proceedings and decisions referred to in the preceding articles must be carried out and adopted during the service of the guard of the Court of Instruction.

2. By way of derogation from the provisions of this Article, in those judicial parties where the on-call service is not permanent and lasts longer than 24 hours, the time limit laid down in the preceding paragraph may be extended by the Judge for a period of four years. additional seventy-two hours in those proceedings in which the atestate would have been received within forty-eight prior to the termination of the on-call service.

CHAPTER IV

From the preparation of the oral judgment

Article 800.

1. When the Judge of the Guard has agreed to continue this procedure, in the same act

shall hear the Prosecutor's Office and the parties involved in order to decide whether the oral judgment or the dismissal should be opened and that, where appropriate, they may request or ratify the application for the adoption of the precautionary measures.

In any event, if the Prosecutor's Office and the particular accuser, if any, request the dismissal, the Judge shall proceed as provided for in Article 782. Where the Prosecutor's Office or the special prosecution request the opening of the oral proceedings, the Judge shall proceed in accordance with the provisions of Article 783 (1), by order of action. When the opening of the oral judgment is agreed, it shall be given in a reasoned order, which shall be documented and shall not be subject to any appeal.

2. If the oral trial is not constituted, the Prosecutor's Office shall immediately submit its indictment, or it shall be orally. The defendant may, in the light of the accusation made, be able to act in the same act in accordance with the provisions of the following Article. In another case, it shall immediately submit its defence or be orally written, then the Judge shall proceed without further formalities to the summons of the parties for the conclusion of the oral judgment.

If the defendant requests the granting of a time limit for the submission of a defence, the Judge shall determine the same within the following five days, given the circumstances of the case and the other circumstances. data which have been revealed in the investigation, proceeding in the act to the summons of the parties for the conduct of the oral trial and the placement of the accused and, where appropriate, the civil liability to submit his writings to the body responsible for prosecution.

3. The Judge on duty shall make the point for the conclusion of the oral judgment as soon as possible and in any event within the next 15 days, in the days and hours predetermined for that purpose in the prosecuting courts. For these purposes, the General Council of the Judiciary, in accordance with the provisions of Article 110 of the Organic Law of the Judicial Branch, will dictate the appropriate regulations for the ordination, in coordination with the Prosecutor's Office, of the statements of oral trials to be held by the Courts of Guard before the Criminal Courts.

The practice of the subpoenas proposed by the Prosecutor's Office will also be agreed upon, taking as much as possible, without prejudice to the decision on the admission of evidence to be adopted by the prosecuting body.

4. If a particular allegation has been lodged which has requested the opening of the oral trial and the Judge on the guard has agreed, the Judge shall place the oral judgment on the court and the Prosecutor's Office so that they may submit their letters within a period of time. unextendable and not exceeding two days. If they are submitted to the Court, they shall be immediately referred to the Court in accordance with paragraph 2.

5. If the Ministry of Public Prosecutor's Office does not submit its letter of accusation at the time specified in paragraph 2 or within the time limit laid down in paragraph 4, the Judge shall, without prejudice to any case to the directly offended and Known injured parties, in accordance with the terms of Article 782 (2), shall immediately require the superior of the Prosecutor's office to submit, within two days, the written procedure. If the hierarchical superior also fails to make such a statement in time, it shall be understood that he does not ask for the opening of an oral trial and that he considers free dismissal to be appropriate.

6. After receipt of the defence document or the time limit for its submission, the prosecuting authority shall proceed as provided for in Article 785 (1), except as provided for in the notice and the citations which have already been issued. practiced.

7. In any event, the parties may request the Court of Guard, which shall so agree, to summon witnesses or experts who intend to propose for the act of the trial, without prejudice to the decision on the admission of evidence to the Prosecuting body.

CHAPTER V

From the oral judgment and the judgment

Article 802.

1. The oral judgment shall be conducted in accordance with the terms laid down in Articles 786 to 788.

2. In the event that the oral judgment cannot be held on the day on which the oral judgment is held or that it cannot be concluded in a single act, the Judge shall indicate for its conclusion or continuation on the most immediate day possible and, in any event, within the fifteen next, making it known to the stakeholders.

3. The judgment shall be delivered within three days of the termination of the hearing in accordance with the terms laid down in Article 789.

CHAPTER VI

From the challenge of the statement

Article 803.

1. In the face of the judgment given by the Criminal Court, appeal may be brought, which shall be substantiated in accordance with the provisions of Articles 790 to 792, with the following specialties:

1. The deadline for submitting the formalization letter will be five days.

2. The term of the other parties to submit written submissions shall be five days.

3. The sentence shall be given within three days of the holding of the hearing, or within five days of receipt of the proceedings, if no hearing is held.

4. The processing and resolution of these appeals will be of a preferential nature.

2. In respect of judgments handed down in the absence of the defendant, the provisions of Article 793 shall apply.

3. As soon as the judgment is final, it shall be carried out in accordance with the general rules and the special rules of Article 794. '

Article 3.

Articles 962 to 971, 973, 974 and 976 of the Criminal Procedure Act are reworded.

" Article 962.

1. When the Judicial Police is aware of a fact that it presents the characters of lack of information specified in articles 617 or 620 of the Penal Code, provided that the offence is one of the persons referred to in Article 153 of the same Code, As well as in Article 623.1 of the Penal Code, where it is flagrant, the prosecution of which corresponds to the Court of Instruction to which the state or another of the same judicial party must be handed over, it shall immediately proceed to subpoena before the Court of Justice guard against persons referred to in ordinal 3 and 4. of Article 796. In making such a summons, the persons cited in the respective consequences of failure to appear before the Court of Guard shall be warned. He will also be warned that the trial of faults may be held immediately in the Court of Guard, even if they do not appear, and that they must be in the means of proof that they attempt to avail themselves. The complainant and the injured or injured shall be informed of their rights under the terms laid down in Article 771.

2. The person complained of shall be informed succinctly of the facts of the complaint and of the right referred to in Article 796. Such information shall in any event be in writing.

3. In these cases, the Judicial Police will turn over the atado to the Court of Guard, in which they are found to be diligent and summonsed and, where appropriate, the complaint of the offended.

4. For the purposes of the citations referred to in this article, the Judicial Police will determine the time of the appearance in coordination with the Court of Guard. For these purposes, the General Council of the Judiciary, in accordance with the provisions of Article 110 of the Organic Law of the Judiciary, will dictate the appropriate Regulations for the ordination of the services of the Guard of the Courts of Instruction in relation to the practice of these citations, in coordination with the Judicial Police.

Article 963.

1. Having received the atado as provided for in the previous article, if the Judge of the Guard considers that the opening of the trial of faults is coming, he shall decide the immediate conclusion of the judgment in the event that the persons mentioned have appeared or that, Even if no one has appeared, the Court will make its presence unnecessary.

Also, to agree the immediate conclusion of the trial, the Court of Guard will take into account whether the practice of any means of proof that is considered essential must be impossible.

2. In accordance with the provisions of Articles 118 and 121, if any of the parties would like to be assisted by a lawyer, they shall be appointed immediately.

3. In order to arrange for the immediate conclusion of the fault judgment, it will be necessary for the case to be referred to the Court of Guard pursuant to the rules of competition and distribution.

Article 964.

1. In the cases not covered by Article 962, when the Judicial Police has notice of a fact that it presents the characters of the lack established in the Book III of the Penal Code or in special laws, it shall immediately form the the corresponding state which he shall send without delay to the Court of Guard. The atestado shall collect the proceedings and the offer of shares to the offended or injured party in accordance with Article 771.

2. Received the atado as provided for in the preceding paragraph, and in all cases in which the proceedings were initiated under a complaint filed directly by the offended before the judicial organ, the Court of Guard immediately hold the fault judgment if, when the complaint is identified, it is possible to cite all persons who must be summoned to appear for the duration of the on-call service and the rest of the requirements are met required by Article 963.

3. The summons shall be made to the Prosecutor's Office, except that the absence of such summons shall be pursued only on the request of a party, the plaintiff or the complainant, if any, to the defendant and to the witnesses and experts who may give reason for the acts. When the summons are issued, the persons referred to the respective consequences of failure to appear before the Court of Guard shall be informed that the judgment may be held even if they do not attend, and shall be told to appear with the means of proof that they attempt to avail themselves. The actions referred to in Article 962 (2) shall also be carried out with the report.

Article 965.

1. If the immediate conclusion of the trial is not possible, the Court of Guard shall follow the following rules:

1. If you estimate that the jurisdiction for the prosecution is for a Court of another judicial party or a Peace Court of the Party, you will forward it to you so that it proceeds to make the judgment of the trial and the citations.

2. If the jurisdiction for the prosecution corresponds to the Court of Instruction of the Guard or to another Court of Instruction of the judicial party, it shall proceed in any case to the point for the celebration of the trial of faults and to the citations from the nearest possible day and, in any case, within a period not exceeding seven days. The statement and the summons shall be made within a period of not more than two days in the case of the offences referred to in Articles 617 or 620 of the Criminal Code, provided that the offence is one of the persons referred to in the Article 153 of the same Code, as well as of the lack of a classification in Article 623.1 of the Penal Code, when it is flagrant.

The summons shall be made to the Prosecutor's Office, unless the absence of such summons is only on the part of the party, the complainant or the complainant, if any, the defendant and the witnesses and experts who may give reason for the acts.

2. When the trial of faults is not to be held before the same Court, it shall make the statement and the summons for the days and hours predetermined for that purpose in the judicial bodies of the courts. For these purposes, the General Council of the Judiciary, in accordance with the provisions of Article 110 of the Organic Law of the Judicial Branch, will dictate the appropriate regulations for the ordination, in coordination with the Prosecutor's Office, of the Judgments of the Court of Guard for their celebration before other Courts of Instruction of the same judicial party.

Article 966.

The allegations and the citations of misconduct will be made in the form and in the time limits provided for in the previous article, also in cases where they are not carried out by the Court of Guard.

Article 967.

1. In the summons to the complainant, the offended or the injured and the accused for the conduct of the trial of faults, they will be informed that they can be assisted by a lawyer if they wish and that they will have to go to the trial with the means of evidence that they attempt to avail themselves. The citation of the accused shall be accompanied by a copy of the complaint or the complaint filed.

2. When the parties, witnesses and experts do not appear or claim a fair cause to stop doing so, they may be fined 200 to 2,000 euros.

Article 968.

In the event that the oral judgment cannot be held on the day on which the oral judgment is held or that it cannot be concluded in a single act, the Judge shall indicate for its conclusion or continuation the most immediate day possible and, in any event, within the next seven, making it known to stakeholders.

Article 969.

1. The judgment shall be public, with the principle of reading the complaint or of the complaint, if any, following the examination of the witnesses called, and the other evidence which the complainant, the complainant and the Prosecutor propose, if any shall be assisted, provided that the Judge considers them admissible. The complaint shall meet the requirements of Article 277, unless it does not require the signature of a lawyer or a prosecutor. The defendant shall then be heard, the witnesses who are present in his discharge shall be examined and the other evidence which he offers and which are relevant shall be carried out, with the provisions of this Law being observed as soon as they are applicable. The parties shall express in word the parties what they believe to be appropriate in support of their respective claims, first speaking the Prosecutor, if they attend, then the particular complainant or the complainant and, finally, the defendant.

2. The Prosecutor will attend the trials on faults whenever they are summoned. However, the State Attorney General will issue instructions on the cases in which, in the interest of the public interest, the Prosecutors may cease to attend the trial, when the prosecution of the offence requires the complaint of the offended or impaired. In such cases, the complainant's statement in the trial stating the facts reported will have the value of an indictment, even if it does not qualify or point to penalty.

Article 970.

If the defendant resides outside the jurisdiction of the Court, he shall have no obligation to attend the proceedings of the trial, and may direct the written Judge on the basis of what he deems appropriate in his defence, as well as to hold a lawyer or (a) a person who is a person who is a Member of the European Parliament;

Article 971.

The defendant's unjustified absence shall not suspend the conclusion or the judgment of the trial, provided that it has been cited with the formalities prescribed in this Law, unless the Judge, ex officio or at the request of a party, the declaration of the person is necessary. " " Article 973.

1. The Judge, in the event of the end of the trial, and if not possible within the following three days, will dictate judgment by appreciating, according to his conscience, the evidence practiced, the reasons set forth by the Prosecutor and by the other parties or their defenders and The Court of Justice has stated that it has taken into consideration the elements of the judgment that the Court of Justice and the Court of Justice have taken into consideration. The applicable law of the obligor to be taken into account.

2. The sentence will be notified to those offended and harmed by the fault, even though they have not been a party to the procedure. The notification shall state the resources against the decision communicated, as well as the time limit for its submission and the court to which it is to be brought.

Article 974.

1. The judgment shall take effect immediately after the expiry of the term laid down in the third paragraph of Article 212, if neither party has appealed and the period of challenge for the offence and the injured party has also elapsed. not appeared in the trial.

2. If the judgment has been condemned for the payment of civil liability, without fixing its amount in liquid quantity, the provisions of Article 984 shall apply. '

" Article 976.

1. The judgment is appealable within five days of its notification. During this period, the secretariat shall be made available to the parties.

2. The appeal shall be formalised and processed in accordance with the provisions of Articles 790 to 792.

3. The judgment of appeal shall be notified to the officers and injured by the fault, even if they have not been party to the proceedings. '

Article 4.

The following articles of the Criminal Procedure Act are reworded:

1. The ordinal 5.o of the second paragraph of Article 175 is amended as follows:

" 5.o The obligation, if any, to attend the first appeal, under the fine of 200 to 5,000 euros; or if it were already the second one, the one to contest under the warning of being persecuted as an inmate of the crime of obstruction of justice as defined in Article 463.1 of the Criminal Code. "

2. The first paragraph of Article 420 is amended as follows:

" The one who without being prevented does not contest the first judicial appeal, except the persons mentioned in article 412, or will resist to declare what he knew about the facts about that he was asked, not to be In the exemptions of the previous articles, it will incur the fine of 200 to 5,000 euros, and if it persists in its resistance it will be led in the first case to the presence of the Judge instructor by the agents

of the authority, and persecuted for the offence of obstruction of justice typified in article 463.1 of the Penal Code, and in the second case will also be pursued by that of serious disobedience to the authority. "

3. The first paragraph of Article 446 is amended as follows:

" Termination of the declaration, the Judge-Instructor shall inform the witness of the obligation to appear before the competent court again when he is summoned for it, as well as to bring to the attention of that Judge The following are the changes in the address that you will make until you are summoned for the oral trial, under warning if you do not comply with a fine of 200 to 1,000 euros, unless you incur criminal liability for the fault. "

4. The second paragraph of Article 464 is worded as follows:

" The expert who, finding himself understood in one of the cases of that article, provides the report without putting before that circumstance in the knowledge of the Judge who would have appointed him will incur the fine of 200 to 5,000 euros, not to be the fact that it is a criminal responsibility. "

5. The first paragraph of Article 716 is amended as follows:

"The witness who refuses to declare will incur the fine of 200 to 5,000 euros, which will be imposed on the spot."

6. The first paragraph of Article 436 is amended as follows:

" The witness shall first manifest his name, paternal and maternal surnames, age, state and profession, whether or not he or she is aware of the process and the other parties, and if he has with them parentage, friendship or relations of any other class, if has been prosecuted and the penalty imposed on him. If the witness is a member of the Security Forces and Corps in the performance of his duties, the number of his personal registration and the administrative unit to which he is assigned shall be sufficient for his identification. '

Article 5.

1. The second paragraph of Article 282 of the Criminal Prosecution Act is amended as follows:

" If the offence outside those that can only be pursued at the request of a legitimate party, they shall have the same obligation as in the preceding paragraph, if they are required for that purpose. The absence of a complaint shall not prevent the practice of the first steps in the prevention and insurance of offences relating to intellectual and industrial property. "

2. The third paragraph of Article 661 of the Law on Criminal Procedure has the following wording:

"If you are again to be summoned to appear, you will be prosecuted for the offence of obstruction of justice, as defined in Article 463.1 of the Penal Code." Additional provision first.

1. The Government, through the Ministry of Justice, or the Councils of Government of the Autonomous Communities with competence in the matter, within six months of the publication of this Law in the "Official Gazette of the State", will adopt the measures required to:

(a) Adapt the material and material means of the Courts of Guard to the needs of this Law.

b) Adecuate the structure of Medical Corps to the provisions of this Law.

c) Adecuate the performance of the official agencies responsible for the practice of toxicological analysis and research, as well as those of other entities, professionals or experts that may be required permanently or occasionally to assist the Administration of Justice with the needs resulting from the application of this Law.

2. In the same period, the Government, through the Ministry of Justice, will take the necessary measures to adapt the structure of the Fiscal Ministry to the provisions of this Law.

3. The Public Administrations and the Professional Colleges will periodically provide to the Chambers of Government of the Supreme Courts of Justice, the Judicial Police and the various Forces and Security Corps a relationship of the services of interpreters, experts and technicians at the disposal of on-call services.

4. Within six months, the General Council of the Judiciary will dictate the Regulations that for the ordination of judgments and the development of guard services establish Articles 796.2, 80.3, 962.4 and 965.2 of the Law of Criminal prosecution.

Additional provision second.

Article 21 (1) of Law 38/1988, of 28 December, of Demarcation and of the Judicial Plant shall be worded as follows:

" The Government, on a proposal from the General Council of the Judiciary and with the prior report of the Autonomous Communities with powers transferred to justice, may establish the separation between the Courts of First Court of Instruction in those judicial parties in which the number of Courts of First Instance and Instruction so advises. "

Additional provision third.

1. Article 9 of the Criminal Procedure Act is worded as follows:

" The Judges and Courts who have jurisdiction to know a particular cause, will also have it for all their incidences, in order to bring to effect the providences of treatment and for the execution of the sentences, without prejudice to the provisions of Article 801. '

2. Article 14, third, of the Criminal Procedure Act is worded as follows:

" For the knowledge and failure of the causes for crimes to which the Law indicates a custodial sentence of no more than five years or a penalty of fine whatever its value, or any other of a different nature, either unique, joint or alternative, provided that the

duration of the proceedings does not exceed ten years, as well as for faults, whether incidental or not, imputable to the perpetrators of these crimes or to other persons, when the commission of the fault or its proof is related to those, the Judge of the Criminal of the Constituency where the offence was committed or the Central Judge of the Criminal in the field that is his own, without prejudice to the jurisdiction of the Judge of the Instruction of the place of commission of the offence to dictate sentence of conformity, in accordance with the terms laid down in Article 801.

However, in the cases of jurisdiction of the Judge of the Criminal, if the offence is of those attributed to the Jury, the knowledge and judgment shall correspond to it. "

Additional provision fourth.

Within six months from the date of entry into force of this Law, the Government will submit to the General Courts a draft law amending the provisional prison.

First transient disposition.

The proceedings initiated before the entry into force of this Law will be dealt with in accordance with the procedural rules in force prior to it.

Second transient disposition.

The system of remedies provided for in this Law will apply to judicial decisions that are issued after its entry into force.

Single repeal provision.

1. Articles 1 to 5 of Law 62/1978 of 26 December 1978 on Jurisdictional Protection of the Fundamental Rights of the Person are hereby repealed.

2. Any rules of equal or lower rank shall be repealed as opposed to the provisions of this Law.

Final disposition first.

The wording of the articles of the Organic Law 5/1995, of 22 May, of the Tribunal of the Jury, which are listed below, is amended:

1. The fourth paragraph of Article 32 is worded as follows:

" Where appropriate, the Judge may order the accommodation to the appropriate procedure where it is not applicable to the regulation in this Law. If you consider that the one that corresponds to is the one regulated in Title II of Book IV of the Law of Criminal Procedure, you will agree to the opening of the oral trial, if you consider it, and will refer the cause to the Provincial Hearing or to the Judge of the Criminal competent to pursue the knowledge of the cause in the terms of Articles 785 et seq. of that Law. "

2. The second paragraph of Article 48.2 is worded as follows:

"The Magistrate-President shall require the parties to the terms provided for in Article 788 (3) of the Criminal Procedure Act, where appropriate, in accordance with paragraph 4 of that provision." Final disposal second.

The wording of Article 435 of the Organic Law 2/1989, of 13 April, is

:

" In the statement of denunciation, the facts that motivate, person or persons against whom it is directed and presumed criminal responsibility in which it is considered to have been incurred should be clearly displayed.

To the complaint, according to the nature of the offence charged, the documents referred to in the following paragraphs shall be accompanied. Where they cannot be filed, the office or judicial file in which the original cars are located shall be stated.

The list of witnesses will also be accompanied and the actions of the actions that, if necessary, should be carried out will be appointed.

If the criminal liability that is sought is for any of the offences of prevarication relating to unjust sentences, the certified copy of the sentence, self or unjust providence shall be filed with the document. It will also be done in the written expression of the proceedings of the cause that must be made to check the injustice of the sentence, order or providence that of occasion to the antejuicio.

If the liability is for reason of malicious delay in the administration of justice or unjustified refusal to judge, they will be accompanied with the writing:

(a) Copies of those submitted after the end of the legal term, if the law fixes it, for the judgment or judgment of the judicial claim, case or pending cause, asking any of the interested persons to the Judge or Court which of them knows that it is resolved or ruled by law.

(b) The certification of the order or providence issued by the Judge or Tribunal denying the request for darkness, insufficiency or silence of the Law, or the one that accredits that the Judge or Court has passed fifteen days from the request or since the last one, if he had been presented with more than one, without having resolved or failed the cars, nor having entered into them and notified the parties of the legitimate cause which prevented him from doing so.

If the responsibility is for any other offence committed by the Judge or Magistrate in the performance of his/her duties, the document certifying the perpetration of the offence or, in his/her defect, the list of witnesses formed in the manner prevented by Article 656 of the Criminal Procedure Act.

If the person who promotes the case for any of the crimes expressed in the preceding paragraphs cannot obtain the necessary documents, he shall at least present the testimony of the notarial act raised, to record that he or she has requested the Judge or Court to provide them or to issue them. "

Final disposition third.

This Law shall enter into force six months after its publication in the "Official Gazette of the State".

Therefore, I command all Spaniards, individuals and authorities, to keep and keep this Law.

Madrid, 24 October 2002.

JOHN CARLOS R.

The President of the Government,

JOSÉ MARÍA AZNAR LÓPEZ