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 Organic Law:

EXPLANATORY STATEMENT

At the session held on 11 May 1995 by the Congress of Deputies, the Organic Law of the Jury was approved, although the amendments approved by the Senate were not incorporated into their text. I would like to point out that we are not in a position to vote in favour of the motion for a resolution, but I do not think it would be a good idea.

In view of this prior assessment and acceptance, it is considered appropriate to introduce into the Organic Law of the Court of Justice the precise amendments that adapt its content to that of the amendments at the time they are formulated. the Senate and that, given the scope of the same, will certainly contribute to regulate in a more precise and efficient way the institution that through the said Organic Law is put into operation.

Article first.

The Organic Law 5/1995 of 22 May of the Court of Jury is amended in the following terms:

1. In the fourth paragraph of the explanatory memorandum, the term "the future legislator" is modified by "the legislator in the future".

2. In the second paragraph of point (a) of Article III (2) (a), the sentence 'after confirmation of its likelihood' is amended by 'after assessment of its likelihood'.

3. In the sixth paragraph of paragraph 1 of the explanatory memorandum, the sentence 'is only possible' is amended by 'only susceptible'.

4. In the Explanatory Memorandum V, paragraph 1, point (f), the expression 'in the middle of the appropriate hearing' is replaced by 'measuring the appropriate hearing'.

5. Paragraph 1 of the Explanatory Memorandum VII is deleted, with the consequent displacement of the remainder.

6. Article 1 (1) and (2) shall be worded as

:

" 1. The Tribunal of the Jury, as an institution for the participation of citizens in the Administration of Justice, will have jurisdiction for the prosecution of the crimes attributed to its knowledge and has failed for this or other Law regarding the contained in the following headings:

a) Crimes against people.

b) Crimes committed by public officials in the exercise of their positions.

c) Crimes against honor.

d) Crimes against freedom and security.

e) Fire crimes.

2. Within the scope of the procedure provided for in the previous paragraph, the Court of Jury shall be competent for the knowledge and failure of the causes for the offences defined in the following provisions of the Criminal Code:

(a) Article 405 (parricide).

b) Article 406 (murder).

c) Article 407 (homicide).

d) Article 409 (aid or induction to suicide).

e) Article 410 (infanticide).

f) Articles 362 and 363 (infidelity in custody of prisoners).

g) Articles 364 to 366, both inclusive (infidelity in the custody of documents).

h) Articles 385 to 393, both inclusive (co-done).

i) Articles 394 to 396, both inclusive (misuse of public funds).

j) Articles 400 to 403, both inclusive (fraud and illegal levies).

k) Article 404 (negotiations prohibited from public officials).

(l) Articles 404 (a) to 404 (c), both inclusive (influence peddling).

m) Article 489 ter (omission of the duty of relief).

n) Articles 490 to 492 bis, both inclusive (trespass).

n) Article 493.1. (threats).

or Articles 553 bis (a) to 553 bis (c), both inclusive (forest fires). '

7. In Article 1, paragraph 3, the term "corresponds" is amended to "correspond".

8. The second subparagraph of Article 2 (1) is worded as follows:

" If, by reason of the defendant's capacity, the trial of the Jury must be held in the field of the Supreme Court or a High Court of Justice, the Magistrate-President of the Jury Court shall be a Magistrate of the Chamber of the Criminal Court of the Supreme Court or the Civil and Criminal Court of the High Court of Justice, respectively. "

9. Article 3 (4) is worded as follows:

" 4. The jurors who in the exercise of their function are considered to be disturbed or disturbed in their independence, in the terms of Article 14 of the Law of the Law of the Judicial Branch, may address the Magistrate-President to protect them in the performance of his position. "

10. In Article 5 (1), the expression 'to the appropriate abstract penalty' shall be deleted.

11. The second subparagraph of Article 5 (2) is worded as follows:

" notwithstanding the foregoing, and without prejudice to the provisions of Article 1 of this Law, in no case may the crime of prevarication be prosecuted for connection, as well as those related crimes whose prosecution may be to be carried out separately without breaking the continence of the cause. "

12. Article 8 (5) is worded as follows:

" 5. Not to be physically, mentally or sensibly impeded for the performance of the Jury function. "

13. In Article 10 (7), the words "and the Agents of the Administration of Justice" shall be deleted.

14. Article 10 (8) is worded as follows:

" 8. The Government's Delegates in the Autonomous Communities, in the Autonomous Communities of Ceuta and Melilla, the Government's Island Delegates and the Civil Governors. "

15. Article 10 (9) is worded as follows:

" The lawyers in active service of the constitutional bodies and of the public administrations or of any courts, and the lawyers and prosecutors in exercise. University professors of legal disciplines or legal medicine. "

16. Article 11 (3) is worded as follows:

" 3. Have with the Magistrate-President of the Court, member of the Fiscal Ministry or Judicial Secretary who intervenes in the cause or with the lawyers or prosecutors the relationship of kinship or relationship referred to in paragraphs 1, 2, 3, 4, 7, 8 and 11 Article 219 of the Organic Law of the Judiciary. "

17. In Article 18, the title of 'Designation of candidates for each cause' is replaced by 'Designation of candidates for each cause' and the words 'having been summoned to the Prosecutor's Office and representatives of the parties' are replaced by the words ' having cited the parties ", as well as the expression" 36 juries "for that of" 36 candidates for juries. "

18. Article 19 shall be replaced by the title 'Citation of candidates for a jury appointed for a cause' and the words 'notice to the jurors' in paragraph 1 of the words 'notice to the candidates for juries' shall be replaced by the words 'notice to the candidates'. paragraph 2, the term "juries" for the term "candidates for appointed jurors".

19. Article 19 (4) shall be deleted.

20. Article 20 is worded as follows:

" Article 20. Return of the questionnaire.

Within five days of receipt of the questionnaire, candidates for designated juries shall return, by post with official postage, duly completed and accompanied by documentary evidence that The Court of Justice shall be entitled to the Court of Justice. '

21. The first paragraph of Article 21 is worded as follows:

" The Fiscal Ministry and the other parties, to whom the questionnaire completed by the candidates for juries has been previously submitted, will be able to formulate recusal within five days of the delivery of the questionnaire. -lack of requirements or any of the causes of incapacity, incompatibility or prohibition provided for in this Law. They will also propose proof that they try to avail themselves. "

22. Article 22 is worded as follows:

" The Magistrate-President will point out the day for the hearing of the excuse, warning or recusal presented, citing the parties and those who have expressed warning or excuse. At the event the proposed measures shall be taken within three days. '

23. In Article 23, the title of the 'New Sweepstakes to Complete the List of Candidates to Jurors Designated for a Cause' is replaced by the title 'Juries of the cause' by the term 'candidates for appointed jurors' in paragraph 1 of this Article. for a cause ", and the expression" necessary juries "for the" necessary jury candidates ". In paragraph 2, the term "juries" is replaced by the term "juries candidates".

24. In Article 24 (1), the words 'prior confirmation of their likelihood' shall be replaced by the words 'after assessment of their likelihood'.

25. In the second indent of Article 25 (1), the words 'To that effect' shall be replaced by the words 'In order to specify the imputation'.

26. Article 26 (1) is worded as follows:

" 1. Hearing the parties, the Judge of Instruction shall decide the continuation of the procedure, or the dismissal, if there is cause for it, in accordance with the provisions of Articles 637 or 641 of the Law on Criminal Procedure. "

27. Article 27 (1) is worded as follows:

" 1. If the Judge of Instruction agrees to the continuation of the procedure, he shall decide on the relevance of the proceedings sought by the parties, ordering the practice or practice on its own, only those which it considers essential for deciding on the the opening of the oral trial and could not be carried out directly at the preliminary hearing provided for in this Law. '

28. In Article 27 (2), the words 'the Ministry of the Prosecutor's Office' shall be deleted and the words 'three days' shall be replaced by the words 'five days'.

29. Article 27 (3) is worded as follows:

" 3. In addition, the Judge may order, in addition to those requested by the parties, the measures which he considers necessary, limited to the verification of the fact that he is justified and in respect of the persons subject to imputation by the accused parties. '

30. Article 27 (4) is replaced by a new paragraph 4, with the following wording:

" 4. If the Judge considers that the application is not made and does not order any of its own motion, he shall transfer the parties to the parties in order to request, within a period of five days, what they consider appropriate in respect of the opening of the oral proceedings, of provisional conclusions. The same shall be sent by the Judge when he considers the practice of more diligence unnecessary, even if the practice of the already ordered has not been completed. "

31. Article 28 is worded as follows:

" Article 28. Indications of a different offence.

If, in the course of proceedings, rational evidence of a crime other than that which is the subject of a procedure or the participation of persons other than the initially charged, is acted in the manner laid down in the Article 25 of this Law or, where appropriate, the proceedings shall be initiated if the offence is not of those attributed to the Court of the Jury. "

32. The first subparagraph of Article 29 (5) is worded as follows:

" 5. The parties, when they understand that all the criminal acts object of accusation are not of those that have been attributed their prosecution to the Tribunal of the Jury, will urge in their respective written application of the oral judgment the appropriate adaptation of the procedure. "

33. In Article 30 (1), the words "Immediately that the Prosecutor's Office or an accusing party insta in the terms of the preceding article the opening of the oral judgment" shall be replaced by the words " Once the statement of qualification has been lodged of the defense, ".

34. Article 33 (c) is worded as follows:

"(c) The substantiation of the origin of the opening of the trial with an indication of the applicable legal provisions."

35. The first subparagraph of Article 34 (1) shall be worded as follows:

" 1. In the same resolution, the Judge shall agree to bear witness to: "

36. A new point (c) is added to Article 37, with the following content:

"c) Then determine the offense or offenses that such acts constitute."

The current contents of points (c) and (d) are referred to as (d) and (e), respectively.

37. The term 'juries' shall be replaced by the term 'juries' in the title and paragraphs 1 and 2 of Article 38. In addition, the expression 'lack of requirements' is added to paragraph 2 of that provision after the expression 'in case it is present'.

38. The title and paragraphs 1 and 3 of Article 39 shall be replaced by the term 'juries' by the term 'juries candidates'. Similarly, the term 'jury' is replaced by the term 'jury' in paragraph 2 of that article. The second subparagraph of paragraph 2 shall be replaced by 'warning' to 'agree to be warned'.

39. Article 40 (1), (2) and (3) shall replace the term "juries" with the term "juries candidates".

40. In Article 40 (1), the term "juries" is added after the word "nine".

41. In the first subparagraph of Article 40 (3), the term 'designated' is replaced by 'appointed', and expressions 'up to three' and 'three others' are replaced by 'up to four' and 'four others' respectively.

42. Paragraphs 1 and 3 of Article 41 are worded as follows:

" 1. Once the Tribunal has been constituted, the selected ones will be sworn in or promised to act as jurors. Stands the Magistrate-President will say:

" Do they swear or promise to perform well and faithfully the function of the jury, with impartiality, without hatred or affection, examining the charge, appreciating the evidence and resolving whether they are guilty or not guilty of the crimes under investigation. the defendants ..., as well as keeping secret of the deliberations? ".

" 3. The Magistrate-President, when all have sworn or promised, will send the public hearing. "

43. In the first paragraph of Article 44, the terms 'priority to' are amended by 'priority'.

44. The first subparagraph of Article 52 (1) (g) shall be worded as follows:

"The Magistrate-President may, in the light of the outcome of the test, add facts or legal qualifications favourable to the defendant as long as they do not imply a substantial variation of the Justiciable fact, nor do they cause defensiveness."

45. Article 52 (2) is worded as follows:

" 2. In addition, the President-President shall seek, where appropriate, the judgment of the jury on the application of the benefits of conditional remission of the sentence and the petition or not of pardon in the judgment itself. "

46. The terms "and offences" are deleted at the end of Article 54 (2

.

47. In Article 56 (2), the words 'per se' shall be replaced by 'ex officio'.

48. In Article 60 (1) and in the first subparagraph of Article 61 (1) (c), the term 'offence' shall be replaced by 'criminal act'.

49. The fourth final provision introduces the title of "Future procedural reforms".

50. The text of Law 5/1995, Organic of the Tribunal of the Jury, is modified in general in the whole text, the term "Magistrate-President" by "Magistrate-President".

Article 2.

The articles listed below of the Criminal Procedure Act, introduced by the final provision of the Organic Law of the Court of Jury, are amended in the following terms:

1. The first paragraph of Article 504 (2) is worded as follows:

" Since the detainee is made available to the Judge of Instruction or Tribunal who must know of the cause, he, unless he decrees his provisional freedom without bail, will convene a hearing, within seventy-two hours the following, to the Prosecutor's Office, to other persons and to the defendant, who must be assisted by a lawyer by the elected or appointed ex officio. The Prosecutor's Office and the defendant, assisted by his lawyer, shall be required to appear. "

2. In the second paragraph of Article 846a (a), the following sentence shall be deleted: 'when they agree to the dismissal, whatever their class, and the'.

3. In Article 846a (b), a second subparagraph is added, with the following content:

"You may also use the declared non-criminal liability if you are charged with a security measure or your civil liability is declared in accordance with the provisions of the Criminal Code."

The content of the current second paragraph of that precept becomes part of a third paragraph of that precept.

4. Article 846a (f) is replaced by the reference to ' art. 846 bis 3 "for the" art. 846 bis (c) ".

5. Article 847 (b) is worded as follows:

"(b) The judgments handed down by the hearings in oral judgment and single instance."

Single end disposition.

1. Paragraphs 24 to 43, both inclusive, of the first article and paragraphs 2, 3, 4 and 5 of the second article have the character of the Organic Law.

2. This Organic Law shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Therefore,

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

Madrid, 16 November 1995.

JOHN CARLOS R.

The President of the Government,

FELIPE GONZÁLEZ MARQUEZ