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:

PREAMBLE

The Spanish Constitution and the international conventions on human rights signed by Spain recognize, with the fundamental character, the right to a public trial with all the guarantees, among which the the right to an impartial judge.

The Constitutional Court and the European Court of Human Rights have held that the impartiality of the judge is incompatible or is compromised by his acting as an instructor of the criminal case:

This Organic Law seeks to accommodate our judicial organization in the penal order to the aforementioned demand, by introducing a new class of single-person organs: the Courts of the Criminal.

Such Courts will have a provincial scope, although they may have a lower jurisdiction when the volume of cases so warrants. AI Court of the Criminal is attributed the knowledge of the causes for crimes punished with penalty of up to six years of deprivation of liberty, keeping the instruction of the previous actions of those causes in the Courts of Instruction.

In line with correcting the defects that are currently opposed to the effective functioning of the criminal process, the reforms that are introduced are not only organic. A number of measures are being taken to ensure greater simplicity and better protection of the guarantees of the defendant in the criminal proceedings.

The three existing procedures for less serious crimes-the two urgent cases of the Criminal Procedure Law and the Law of the Organic Law 10/1980, of November 11-are unified, maintaining only the essential diversity. on the grounds of the courts to which the prosecution is responsible.

The criminal prosecution of useless actions will be lightened, avoiding the repetition of those that have been done with the assistance of a lawyer.

The mandate of speed and effectiveness also advises to treat the two stages of the process which are currently facing the greatest problems, that of instruction and of the appeal, given that with those of the The introduction of the Criminal Courts and the numerous creations, which are being carried out, from the Provincial Audit Sections, along with the simplification of the process, is to be expected to achieve greater speed in the trial phase oral.

It introduces the possibility of holding the trial in the absence of the accused in cases of non-serious crimes, under conditions that guarantee not only the right of defense of the absent, assured by the intervention of his defense lawyer, but also the right to appeal for annulment of the judgment given. It is thus intended to avoid unnecessary delays, which may be detrimental to the victims, following a trend observed in comparative law and the guidelines of Resolution No 75 (11) and Recommendation number R (87) 18, adopted by the Council of Europe's Committee of Ministers.

Addressed the backlog of cases in the Supreme Court's Criminal Court, which will partly be mitigated by the implementation of the recent reform under the Law of Criminal Procedure under the Law On 19 July 1988, it is considered appropriate to maintain the limitation of the appeal to judgments handed down by the hearings in a single instance, which will lead to an important reduction in the number of judgments likely to be appealed against.

The table of measures is completed by the suspension of the transitional system of forced retirement by age of Judges, Magistrates and Prosecutors, in the state of compliance which it has achieved in 1988, during the period of establishment of the new plant and judicial demarcation, in order to achieve the purposes of the reform.

Article first.

One. The second paragraph of Article 26 of the Organic Law 6/1985, of July 1, of the Judiciary, will be worded as follows:

"-Juzlivers of First Instance and Instruction, of the Criminal, of the Administrative, Social, Minor and Prison Surveillance."

Two. The single paragraph of Article 57 of the same Law shall be preceded by "1". A paragraph 2 is added, with the following wording:

" 2. The causes referred to in the second and third numbers of the preceding paragraph shall be designated from among the members of the Chamber, in accordance with a pre-established shift, an instructor, who shall not be a part of the instructor to prosecute them. "

Three. The single paragraph of Article 61 of the Organic Law shall be preceded by "1". In addition, a paragraph two is added to the same article, with the following wording:

" 2. The causes referred to in paragraph 4 of the previous paragraph shall be designated from among the members of the Chamber, in accordance with a pre-established shift, an instructor who shall not be a part of the instructor in order to prosecute them. "

Four. The starting point of the number 1. º and the number 5. of Article 65 of the same Organic Law will have the following wording:

"1. The prosecution, except in the first instance for the Central Criminal Courts, of the causes for the following crimes:"

"5. of the resources established in the Law against judgments and other resolutions of the Central Courts of the Criminal and the Central Courts of Instruction."

Five. Article 73 (4) of the same Organic Law becomes paragraph 5. The new paragraph 4 of this article will have the following wording:

" 4. For the purposes of the statement of reasons referred to in points (a) and (b) of the preceding paragraph, an instructor shall be appointed from among the members of the Chamber, in accordance with a pre-established shift, who shall not be a part of the instructor in order to prosecute them. "

Six. Article 82 of the same Organic Law shall be worded as follows:

" 1. The Provincial Hearings will know in the criminal order:

1. of the causes for crime, except for those which the law attributes to the knowledge of the Courts of the Criminal or other Courts provided for in this Law.

2. of the resources established by the law against the resolutions handed down by the Courts of Instruction and the Criminal of the Province.

3. of the resources established by law against the resolutions of the Courts of Penitentiary Surveillance in matters of execution of penalties and the regime of their compliance.

2. For the knowledge of the appeals against decisions of the Courts of Instruction in the trial of faults, the Hearing shall be constituted by a single Magistrate, by means of a delivery shift.

3. The Provincial Hearings will also know of the resources against the resolutions of the Courts of Minors with headquarters in the province and the questions of competition between them.

4. In the civil order they will know the Provincial Hearings of the resources established by the law against resolutions handed down in the first instance by the Courts of First Instance of the province.

5. It is also up to the Provincial Hearings to know:

(a) The matters of jurisdiction in civil and criminal matters that arise between the courts of the province that do not have a common superior.

(b) From the recusal of his/her Magistrates, where the jurisdiction is not attributed to the existing Special Chamber for such purposes in the High Courts of Justice. "

Article 2.

One. The heading of Chapter V of Title IV of Book I of Organic Law 6/1985 of 1 July of the Judiciary shall be as follows:

"Of the Courts of First Instance and Instruction, of the Criminal, of the Contentious-Administrative, of the Social, of Prison and Child Surveillance."

Two. Article 87 (1) of the same Organic Law shall be worded as follows:

" 1. The Courts of Instruction will know in the criminal order:

(a) From the instruction of the causes for crime whose prosecution corresponds to the Provincial Hearings and the Courts of the Criminal.

b) From the knowledge and judgment of the judgments of faults, except those of the jurisdiction of the Courts of Peace.

c) Of the "habeas corpus" procedures.

d) Of the resources established by the law against the resolutions handed down by the Peace Courts of the Party and the questions of competition between them. "

Three. Article 88 of the same Organic Law will have the following wording:

" Article 88.

In the Villa of Madrid there may be one or more Central Courts of Instruction, with jurisdiction throughout Spain, that will instruct the causes whose prosecution corresponds to the Criminal Court of the National Court or, if necessary, the Central Criminal Courts and which will process the files of passive extradition, in the terms provided for in the law. "

Four. A new Article 89 bis is inserted in Chapter V of Title IV of the first book of the same Organic Law, with the following wording:

" Article 89 bis.

1. In each province, and based in its capital, there will be one or more Courts of the Criminal. Courts of the Criminal jurisdiction may be established whose jurisdiction extends to one or more parties in the same province, in accordance with the legislation on demarcation and the judicial plant, which will establish the city where they will be based. The Criminal Courts shall take their name from the population where they are based.

2. The Criminal Courts will prosecute the causes for crime that the law determines.

3. In the Villa of Madrid, with jurisdiction throughout Spain, there will be one or more Central Criminal Courts who will know, in cases where the laws of procedure establish, the causes for the crimes referred to in Article 65 and the other matters to which the law states. "

Five. In Article 100.2 of the same Organic Law the words "of substantiation, failure and execution" are deleted.

Third item.

One. Article 210 (1) of the Organic Law 6/1985, of July 1, of the Judiciary, will have the following wording:

" 1. The Judges of First Instance and Instruction, of the Criminal, the Administrative, the Child and the Social, shall replace each other in the populations in which there are several, in the form which the Governing Chamber of the High Court of Justice of the European Communities agrees. Justice, on a proposal from the Board of Judges. "

Two. Article 211 (1) of the same Organic Law shall be worded as follows:

" 1. Where in a population there is no other Judge of the same class, the replacement shall correspond to a different class Judge. "

Three. Article 211 (3) of the same Organic Law shall be worded as follows:

" 3. The Judges of First Instance and Instruction shall be responsible for the replacement of the Judges of the other courts and of the Judges of Minors, where there is no possibility of the replacement being made between those of the same order.

The replacement of the Judges of the Criminal Court will be for the first instance in the case of Article 89. In other cases, the Judges of the Criminal and, equally, those of First Instance and Instruction shall be replaced by the Judges of Minors, the Administrative and the Social, according to the order established by the Chamber of Government of the Court Superior to Justice. "

Four. Article 212 (1) of the same Organic Law shall be worded as follows:

" 1. The Judges shall perform the functions inherent in their Court and the position they replace. "

Five. Article 219 (10) of the same Organic Law will have the following wording:

" 10. To have acted as an instructor of the criminal cause or to have resolved the litigation or cause in previous instance. "

Six. A paragraph 3 is added to Article 269 of the said Organic Law, with the following wording:

" 3. Likewise, the Chambers of Government of the Superior Courts of Justice shall provide that the Judges of the Criminal, assisted by the Registrar, are constituted to hold oral trials with the periodicity that is pointed out in the cities where they are based Courts which have instructed the causes of which it is appropriate to know them, provided that their movement is justified by the number of them or by a better administration of justice. The Court of Instruction and the officials who serve on them shall in these cases provide the necessary cooperation. "

Seven. Article 391 (3) of the same Organic Law will have the following wording:

" 3. It will also be to the Presidents and Magistrates of the Criminal Court of the National Court and the Provincial Hearings and the Judges of the Criminal with respect to the members of the Fiscal Ministry for the procuratorates for the procuratorates. bodies to deal with. Except for the posts of Section and Magistrate Presidents at Provincial Hearings where there are five or more sections or cases where there are five or more Criminal Courts based in the same population. "

Article 4.

Article 14 of the Criminal Procedure Act will have the following wording:

" Out of cases that expressly and limitatively attribute the Constitution and the laws to certain Judges and Courts, they shall be competent:

First. For the knowledge and failure of the trials of faults, the Judge of Instruction. However, he shall be aware of the judgments for offences falling within Titles I and II of book III of the Criminal Code, with the exception of Articles 572 and 576, and for the faults of Articles 585, 590, 594 and 596 of the same Code, the Judge of Peace of the place in which they were committed.

Second. For the instruction of the causes, the Judge of Instruction of the party in which the offence has been committed and the Central Judge of Instruction with respect to the offences that the law determines.

Third. For the knowledge and failure of the causes for offences punishable by deprivation of liberty not exceeding six years or with penalty of fine, whatever the amount, or with the deprivation of the driving licence, whatever its duration, or with any other penalties of a different nature, whether unique, joint or alternative, provided that the duration of such penalties does not exceed six years, as well as of the faults, whether incidental or not, imputable to the authors of those offences or to others persons, when the commission of the fault or its proof is related to those, the Judge of the Criminal of the constituency where the crime was committed or the Central Criminal Judge in the field that is his or her own.

Fourth. For the knowledge and failure of the causes in other cases, the Provincial Hearing of the Constituency where the offence has been committed or the Criminal Court of the National Court. "

Article 5.

Article 377 of the Criminal Prosecution Act will have the following wording:

" If the Instructor Judge considers it appropriate, he may request reports of the prosecution of the Mayors or of the relevant police officers of the town or village in which he has resided.

These reports will be founded, and if it is not possible to fund them, the cause that will prevent them will be manifested.

Those who do so shall not be held liable, except in the case of wilful or gross negligence. "

Article 6.

Title III of Book IV of the Criminal Prosecution Act, under the heading "Of the abbreviated procedure for certain crimes," will have the following wording:

" FIRST CHAPTER

General provisions

Article 779.

Without prejudice to the provisions of the other special processes, the procedure laid down in this Title shall apply to the prosecution of offences punishable by a custodial sentence not exceeding that of a major prison; or either with any other penalty of a different nature, whether unique, joint or alternative, whichever is the amount or duration.

Article 780.

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.

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 the previous article, it will be continued according to the general provisions of this Law, without going back to the proceedings more than in the event that 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 the fact that the trial is found is understood in some of the assumptions of the article precedent. In both cases, the change of procedure shall not involve that of the instructor.

Agreed on the procedure to be followed, you will be immediately informed of the Tax Ministry, the defendant and the parties.

Article 781.

The Prosecutor will be constituted in the actions for the exercise of criminal and civil actions under the Law. It shall ensure compliance with the procedural guarantees of the accused 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 The Court of Inquiry as soon as it considers that the necessary actions have been taken to resolve the exercise of criminal action.

Article 782.

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:

First. Where a Court or Court refuses the knowledge of a cause or claims the knowledge of the other, and there is doubt as to which of them is competent, if it is not in accordance with the first communication that they are directed, put the fact, without delay, in the knowledge of the hierarchical superior, by means of reasoned exposure, so that the superior, hearing "in voce" to the Prosecutor and to the parties personated, decides in the act what he considers appropriate, without further recourse.

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 culprits.

Second. No Judge of Instruction, of the Criminal, or Central of Instruction or of the Criminal, will be able to promote questions of competence to the respective Audiences, but to expose them, heard the Ministry of the Fiscal, the reasons that it has to believe that it corresponds to him knowledge of the subject.

The Tribunal will give a view of the exposure and antecedents to the Prosecutor's Office and the parties and, after hearing all, without further formalities, will resolve within the third day what it deems appropriate, communicating this resolution to the Judged to have exposed it for compliance.

Third. When a Judge of Instruction, of the Criminal, or Central of Instruction or of the Criminal, I come understanding of cause attributed to the competence of the respective Audiences, they will be limited to order to the one, heard the Ministry Fiscal, and the parts personas, who refrain from knowing and refer them to the actions.

Article 783.

The exercise by individuals, whether or not offended by the crime, the criminal action or the civil action arising from it, shall be carried out in the form and with the requirements set out in Title II of Book II of this Law, expressing the action being exercised.

Without prejudice to the provisions of the foregoing paragraph, the offence or wronged person shall be instructed of the rights which are provided to him in accordance with the provisions of Articles 109 and 110 of this Law and other provisions, may be a part of the cause without the need to formulate a complaint.

Article 784.

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

First. The Judge or Court ordering 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 or the Court is not immediately subordinate to him or those.

Second. To cause the dispatches to be issued, the medium will always be used faster, by due diligence to the requests for assistance that have not been requested in writing.

Third. If the person who has been summoned does not have a 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 most appropriate for it to be able to come to the knowledge of the person concerned, and only when he considers it indispensable will he agree to his disclosure by the social media.

Fourth. The requisitions to be issued shall be inserted in the General Orders of the Security Forces and Corps and, when deemed appropriate, in the written media.

Fifth. The securities which are required to ensure pecuniary liabilities, including costs, may be established in accordance with Article 591 of this Law and, in addition, by bank guarantee or by the institution in which the civil liability the person against whom the measure is directed, formalised in writing or by appearance before the Court or tribunal, by the persons concerned or by a person who has the legitimate representation of any of the credit institutions authorised to operate on the national territory or the relevant insurance institution.

In cases where civil liability is fully or partially covered by the Mandatory Civil Liability Insurance Scheme, the Insurance Entity or Insurance Compensation Consortium will be required, where appropriate, so that, up to the limit of compulsory insurance, it will be the same. If the bond required is higher than the limit, the direct or subsidiary person shall be required to provide bail or guarantee for the difference, in addition to 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, for the purpose of which it shall be admitted to present, resolving their claim in the corresponding part.

Sixth. In all written documents and documents presented in the case, so many literal copies of the same, made by any means of reproduction, as many as the other parties and the Prosecutor, will be accompanied to those who will be delivered when notifying the a resolution that has fallen to the respective writing.

The omission of the copies shall only give rise to their release by the Secretary at the expense of the omitent if the latter does not present them within the time of a hearing.

Seventh. In order to prosecute the related offences covered by this Title, where there are elements to do so independently, and in order to judge each of the accused persons, where several, the Judge may agree to the formation of the separate parts which are convenient to simplify and activate the procedure.

Eighth. In the Courts of Instruction and of the Criminal and in the Audiences, the records necessary for the annotations that correspond to the processes regulated in this Law, whose number and form will be determined regulatively, will be carried out.

Article 785.

The Judge of Instruction shall employ for the verification of the offence and the guilt of the alleged inmate the ordinary and ordinary means established by this Law, with the following modifications:

First. Where 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 of this Law, without requiring the designated interpreter to have official title.

Second. The information provided for in Article 364 shall only be verified where the instructor has doubts about the preexistence of the subject matter of the subtraction or the fraud.

Third. The National Identity Document of the persons who provide them will be reviewed in the declarations. Where by such circumstances or by any other, the identity of the accused person is not in doubt, and the age of eighteen years shall be dispensed with, the birth certificate shall be brought to the cause. In another case, the certificate and the corresponding dactyloscopic tab will be joined.

When the facts on trial result from the use and circulation of motor vehicles, they will also, in the first statement provided by the drivers, resent the drivers ' driving licences and the driving licences of the drivers. certificate of compulsory insurance, as well as the document proving its validity.

The certificate of the insurance obligation and the document that accredit its validity will also be reviewed in those other cases in which the activity is covered by the same class of insurance.

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

Fifth. The completion of the instruction shall not be delayed due to the absence of the birth certificate, without prejudice to the fact that when they are received they are provided to the proceedings.

Sixth. In the case of injuries, the injured person should not be expected to be healed, when the file or the dismissal is appropriate. 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.

Seventh. The expert report may be provided by a single expert when the Judge considers it sufficient.

Eighth. The Judge may agree:

(a) The detention or imprisonment of the accused or his or her provisional liberty, with or without bail, in cases where they come under the general rules of this Law. The prison orders that are issued in these cases will not require ratification.

The actions that will motivate the implementation of these measures will be contained in a separate piece.

(b) The assurance of financial liabilities for which direct or subsidiary civil liability may be held.

Such measures will be auto-sealed and formalized in separate part.

c) The immediate intervention of the vehicle and the retention of the permit to circulate it for the essential time, when it is necessary to practice some research in that or to assure the responsibilities pecuniary, as long as the solvency of the defendant or the third civil liability is not established.

The intervention of the driving licence may also be agreed by requiring the person concerned to refrain from driving motor vehicles, as long as the measure is in place, with the prevention of the provisions of Article 237 of the Treaty. Criminal Code.

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

(d) In the event of the use and movement of motor vehicles, the indication of the provisional pension which, depending on the circumstances, considers necessary in terms of value and duration, in order to take care of the victim and the persons who They are in charge. The payment of the pension shall be made in advance on the dates that are discretionally pointed out by the Judge, in charge of the insurer, if there are, and up to the limit of the Mandatory Insurance, or with the guarantee or the Insurance Compensation Consortium, in the presumed final liability of the same, in accordance with the provisions of its own.

Equal measure may be agreed upon when civil liability arising from the fact is guaranteed with any compulsory insurance.

Everything related to this measure will be performed on a separate part.

The resource interposition will not suspend the payment of the pension.

e) When deemed necessary, by the Medical Examiner or other expert to obtain samples or vestiges whose analysis could facilitate the best qualification of the fact, showing in the due diligence their remission to the appropriate laboratory, which within a period of not more than five days shall send the result.

f) That the autopsy should not be performed when the cause of death is not immediately ruled by the Medical Examiner or by the person who does his or her death.

g) Assistance due to the injured, sick and any other person who, on the occasion or occasion of the event, needs optional assistance, including, where appropriate, the place of his/her treatment, detention or hospitalization.

(h) Authorizing, after hearing the Prosecutor, those charged in the proceedings for crimes arising from the use and circulation of motor vehicles, who are not in a preventive prison situation and who previously had their residence or habitual residence abroad, to be absent from the Spanish territory. To this end, it will be necessary to leave sufficiently guaranteed the pecuniary responsibilities of any order derived from the fact to be prosecuted, to appoint a person with fixed address in Spain that receives the notifications, citations and sites (a) to be made, with the prevention contained in Article 789 (4), in respect of the possibility of holding the trial in its absence, and to provide non-staff, where no bail of the same class has already been granted, to ensure that the provisional freedom to respond to their presentation on the date or time limit set out in them.

Equal attribution and with the same conditions shall be the responsibility of the Judge or Court to know of the cause.

If the accused 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 the holding of the trial are fulfilled. absence.

Article 785a.

1. When the Prosecutor's Office is aware of an apparently criminal act, either directly or by filing a complaint or a complaint, it will either instruct the Judicial Police to practice the proceedings it considers relevant to the case. 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 denunciation before the Judge of Instruction. In another case, he will urge the Judge of Instruction to initiate the corresponding preliminary proceedings with reference to the action, making the arrest, if any, and the effects of the offence at his disposal.

2. The Prosecutor's Office will be able to appear before any person in the terms established in this Law for the Judicial summons, in order to receive a declaration, in which the same guarantees as mentioned in this Law will be observed for the provided to the Judge or Court.

3. The Prosecutor will cease in his proceedings as soon as he becomes aware of the existence of a judicial proceeding on the same facts.

Article 786.

In the investigation of the facts included in this Title, members of the Judicial Police will observe the following general rules and the following special rules:

First. They shall be required to accompany them with any optional provision to provide, where appropriate, the appropriate aid to the offence. The required optional, even if only verbally, which does not meet the requirement will be punished with a fine of 1,000 to 10,000 pesetas, without prejudice to the criminal liability in which it may have incurred.

Second. Members of the Judicial Police, as well as identifying and taking personal data and directing persons who are in the place where the crime was committed, may:

a) Hijack the effects that the judicial authority has until so far, provided there is a danger that not doing so could disappear some evidence of the events that occurred.

(b) If the death of any person has occurred and the body is on the public road or in another inappropriate place, transfer it to the next one that is best suited to the circumstances until the judicial authority. take the appropriate measures. In exceptional situations where such a measure of urgency 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.

(c) Proceed to the intervention of the vehicle and the documents referred to in paragraph (c) of the eighth rule of Article 785 in the cases to which it refers.

(d) Citar to appear immediately, or within twenty-four hours, before the competent judicial authority, to the persons referred to in the first paragraph of this rule or in the preceding paragraph.

Third. The members of the Judicial Police will require the assistance of other members of the Corps and the Security Forces when necessary for the performance of the functions entrusted to them by this Law. The request shall be made in writing, and by the appropriate hierarchy, unless the urgency of the case requires such forms and channels to be dispensed with.

Article 787.

1. The orders of the Judge of Instruction and of the Judge of the Criminal who are not excepted of appeal may be exercised the reform and, if not estimated, the complaint. The appeal shall be admissible only in the cases expressly mentioned in this Title. The provincial court or, where appropriate, the Criminal Court of the National Court is the body responsible for hearing appeals and complaints.

2. Immediately after the complaint is lodged, the Court shall inform the court of the decision of the decision by the quickest means. If, in order to resolve it, the Tribunal will need to know all the diligence, it will send the Judge a testimony of the same to the report. In very exceptional cases, it may also require action for consultation before the appeal is resolved, provided that the processing of such proceedings is not hindered; in such cases, the proceedings must be returned to the Judge within the time limit. maximum of three days.

3. The appeal, where appropriate, may be lodged with the reform or separately, within three days of the notification of the decision. In no case will it be necessary to institute the reform in advance in order to exercise the appeal. The latter shall be brought to the notice of the other parties, within a common period of six days, in order to be able to submit in writing within that period what they consider appropriate and to produce the documents justifying their claims. After the deadline, the actions will be forwarded to the respective Hearing, which, without further formalities, will resolve within the next three days.

Article 788.

1. Since the actions have resulted in the imputation of a crime against a certain person and the legal assistance is necessary, the Judicial Police, the Prosecutor's Office or the Judicial Authority will seek the designation of a lawyer from the Bar Association. Lawyer of trade, if he has not already been appointed by the person concerned.

2. The Advocate-designate shall continue to provide legal assistance until the end of the proceedings, unless one of his/her choice is appointed by the person or legitimate impediment of that person, duly justified by his/her Professional College, which, prior to the acceptance of the excuse, notify the Judge or the tax ministry of the replacement.

3. The Advocate-designate for the defence shall also have a legal qualification for the representation of his defendant, and the intervention of the Attorney-General shall not therefore be necessary until the procedure laid down in Article 791 (1), then comply with the Letrated Home-pointing duty for the purposes of notifications and document transfers.

The intervention of the Attorney General shall not be necessary, but shall be necessary in the case of the fifth paragraph of Article 789 (5).

4. Those injured by the punishable act or their heirs, who are parties to the trial, shall enjoy the right of free legal assistance, under the conditions set out in Articles 121 and following of this Law.

5. In order to avoid delays and to ensure proper legal assistance during the process, the Bar Association will refer to the Presidents of the Provincial Hearing, Judges of the Criminal, Judges of Instruction and the Prosecutor a copy of the list of exercise of the office of trade, as well as of the changes which are taking place. If the Dean of the Bar, required for the purposes of the first paragraph of this Article, does not make the designation within 24 hours of the receipt of the request, the Presidents and Judges mentioned shall do so, designating the Letting person to whom it corresponds for a strict time between those appearing on the list. Similarly, those Presidents and Judges may agree that the name of a lawyer is to be appointed, in place of which he was previously appointed, when, for reasons not justified, he shall cease to appear.

The above will also apply to the designation of trade attorneys.

Article 789.

1. The Judicial Police shall deliver the persons to the competent Judge, making available to them the detainees, if any, and sending a copy of the atado to the Ministry.

2. All judicial proceedings relating to offences under this Title shall be recorded as prior proceedings.

3. Only in the event that the proceedings in the state are not sufficient to make an accusation, as well as when the proceedings are initiated by complaint lodged at the Court or by complaint, the Judge will order the Judicial Police or (a) shall, in itself, carry out the essential measures designed to determine the nature and circumstances of the event, the persons who have participated in it and the body responsible for the prosecution, taking account of its initiation and of the facts which the determine the Prosecutor of the relevant Hearing.

4. The first appearance will inform the defendant of his rights and will be required to designate an address in Spain where the notifications will be made, or a person who receives them on his behalf. The defendant shall be warned that the summons made at that address or to the designated person shall permit the conclusion of the judgment in his absence, if the penalty on his requested day does not exceed the limits referred to in Article 793 (1). In the same case, the injured party will be informed of his right to appoint a lawyer, informing him that even if he does not do so, the tax ministry will exercise the corresponding civil actions, if necessary. Those who are to be personable may have since then become aware of what has been acted and to urge what is appropriate to their right, the judge agreeing to do so in order to practice these proceedings when they are necessary to open the oral trial, without prejudice to the agreement, where appropriate, to be carried out during the sessions of the same. The provisions of Articles 301 and 302 shall apply to these measures.

5. Without delay, or where they are not necessary, the Judge shall take one of the following decisions:

First. If I consider that the fact is not a criminal offence, it will send the proceedings. If, even if he considers that the fact can be a constitutive of crime, no known author, he will remember the provisional dismissal, ordering the file.

Second. If you repudiate the fact that you have given rise to the formation of the proceedings, you shall send the action to the competent Judge, where his prosecution does not correspond to him.

Third. If all the defendants are less than sixteen years old, or the fact is attributed to the military jurisdiction, it shall be inhibited in favour of the competent body.

Fourth. If the fact constitutes a crime within the meaning of Article 779, the procedure laid down in Chapter II shall follow.

In the first three cases, appeal may be brought. If there is no member of the tax ministry 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 receipt, shall return them to the Court of Justice. with the document of interposition of the appeal or with the formula of "see", then proceeding in this case to the execution of the resolved.

Fifth. If the fact constitutes a crime whose knowledge is the responsibility of the Judge of the Criminal, the Instruction may, at the request of the tax ministry and of the accused who, assisted by his lawyer, have acknowledged the facts that are imputed to him, to refer the actions to the Judge of the Criminal Court to immediately summon the Prosecutor and the parties, who shall in the same act formulate their claims, being able to give judgment in the act, in accordance with Article 794.

CHAPTER II

From the preparation of the oral judgment

Article 790.

1. If the Judge of Instruction agrees that the procedure laid down in this Chapter must be followed, in the same resolution he shall order that he be moved from the previous, original or photocopy proceedings to the tax ministry and the charges (a) in order to ensure that, within the common period of five days, they request the opening of the oral proceedings by making a statement of accusation or the dismissal of the case or, exceptionally, the practice of supplementary measures, in the case of next.

2. Where the tax ministry is unable to make a statement of accusation for the absence of essential elements for the classification of the facts, it may be necessary, in advance, to apply the necessary measures. to make an allegation, by accessing the Judge at the request.

The Judge will agree to what he deems appropriate when such a request is made by the indictment or allegations.

In any case, it will be cited for its practice to the tax ministry, to the parties to personally and always to the imputed, and then to the new transfer of the performances.

3. If the tax ministry and the particular accuser request the dismissal of the cause for any of the reasons provided for in Articles 637 and 641 of this Law, the Judge shall agree, except in the case of the numbers 1. º, 3. º, 7. º and 10. Article 8. of the Penal Code, in which it will return the actions to the accusations for qualification, continuing the trial until sentencing, for the purposes, if any, of Articles 8 and 20 of the Penal Code.

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

4. If the tax ministry requests the dismissal of the case, in accordance with the provisions of Articles 637 and 641 of this Law and no person has been personified in the same particular accuser willing to hold the charge, before agreeing on the The Judge of Instruction may decide to refer the cause to the superior hierarchical of the Prosecutor of the Hearing to decide whether or not to hold the accusation, communicating his decision to the Judge of Instruction.

5. 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 of this Law. 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 evidence is related to the offence. The amount of compensation or the fixing of the bases for their determination and the persons responsible for the civil liability and the other statements on the delivery and destination of things and the effects and imposition of costs shall also be expressed. procedural.

In the same document, the evidence will be proposed that they attempt to avail themselves in the oral trial, 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 provisional measures. referred to in Article 785 of this Law, or any other resulting or adopted, and the cancellation of those taken against persons against whom the charge is not directed.

6. In order to open the oral trial by the tax ministry or the particular prosecution, the Judge of Instruction will agree, except that he considers that the alleged number 2 of Article 637 of this Law is present or that there are no rational indications of criminality against the defendant, in which case he will agree to the dismissal that corresponds according to the articles 637 and 641 of this Law, being his resolution amenable to appeal of appeal to the Provincial Hearing.

When the Judge of Instruction delays 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 which makes a written statement of accusation, unless you have renounced it.

By agreeing to the opening of the oral trial, the Judge of Instruction will decide on the adoption, modification, suspension or revocation of the precautionary measures interested by the tax ministry or the particular prosecution, both in relationship with the defendant, in respect of the civil liability, to whom, where appropriate, he will require bail in the terms of Articles 615 of this Law, if the defendant is not to lend it within the period prescribed to him and on the lifting of the measures adopted in respect of those who have not been charged.

In the same order, the Judge of Instruction will point out the competent organ for the knowledge and failure of the cause, when any of the accusing parties request that the fact be tried by the Hearing.

7. No appeal shall be made against the order to open the oral proceedings, except as regards the personal situation of the accused person, and the person concerned may reproduce the requests not addressed to the body of proceedings.

Against the cars denied opening of the oral trial will proceed with appeal.

Firm the decision that decrees the opening of the oral trial, the process will continue before the organ in it determined, except that from the test practiced during its sessions I will find that the penalty to request definitely exceeded of the jurisdiction of the court, in which case it shall be self-imposed, agreeing to the inhibition by reference of the process to the competent court.

Article 791.

1. If the defendants have not made use of their right to appoint a lawyer or have been appointed as their own office, they shall be called upon, with the copy of the letters of charge, to be placed on the court within three days of their appearance in the court. Advocate for a decision of the European Court of Human Rights on the application of the law of the European Union. This procedure shall be completed, the original proceedings shall be transferred, or by photocopy, to the persons appointed as defendants and third parties responsible in the letters of indictment, so that in common for five days they shall be written in defence against the accusations made.

2. The defence document shall be in conflict with the extremes contained in the letters of indictment and may be requested by the court or tribunal to prescribe the referral of documents or to give evidence to experts or witnesses for use as evidence in the sessions of the oral trial, as well as the practice of early testing.

3. In his letter, also signed by the defendant, the defence may express its conformity with the charge of charge which contains the most serious penalty. Such a conformity may also be formalised in conjunction with the indictment of the tax ministry.

4. If, open the oral trial, the accused persons are in an unknown location and have not made the designation of domicile referred to in Article 789.4 and, in any case, if the requested penalty exceeded the limits set out in the paragraph Article 793 (1), second subparagraph, shall be issued with a request for appeal and shall seek, by declaring them rebels, if they do not appear or are not found, with the effects prevented by this Law.

5. Formulated by the defendant the defense document, the Judge of Instruction shall transmit the acts to the competent organ for the prosecution, notifying the parties, except when the prosecution corresponds to the Judge of the Criminal and the latter will move periodically to the seat of the Instructor Court for the conduct of the trials proceeding from the same, in which case the proceedings in the Court shall remain at the disposal of the Judge of the Criminal.

CHAPTER III

From Oral Judgment

Article 792.

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. That resolution shall order the release of the communications which are necessary to ensure the practice of the evidence which is proposed and accepted, where the parties have so requested.

Against the decision rejecting the test, 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 can to be incorporated into the cause of the reports, certifications and other documents which the tax ministry and the parties deem appropriate and the Judge or Court admit.

2. The date of the trial shall be made taking into account the flagrant of the offence, the imprisonment of the accused and the assurance of his presence at the judicial disposition, the complexity of the proposed test or any circumstance significant.

Article 793.

1. The holding of the oral trial requires the defendant and the Advocate to attend. However, if there are a number of 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 mentioned personally or at the address or in the person referred to in Article 789 (4) shall not be the cause of suspension of the oral proceedings if the Judge or the Court, application by the tax ministry or the charging party, and the defence, considers that there are sufficient grounds for prosecution, where the penalty sought does not exceed one year of deprivation of liberty or, if it is of a different nature, when their duration does not exceed six years.

The unjustified absence of the third civil responsible quoted 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. Subsequently, at the request of a party, the Judge or the Court shall open a period of intervention to enable the parties to set out what they deem appropriate about the jurisdiction of the court, infringement of any fundamental right, existence of articles of prior pronouncement, causes of suspension of the oral judgment, as well as on the content and purpose of the evidence proposed or proposed to be practiced in the act. The Judge or the Court shall rule in the same act on the questions raised.

3. Prior to the commencement of the test, the prosecution and the defence, with the agreement of the defendant present, may ask the Judge or the Court to give judgment in accordance with the indictment containing the penalty of greater gravity, or with which it shall be presented in that act, which may not relate to a different fact, or contain a rating, more serious than that of the indictment. If the sentence is not exceeded for six years, the Judge or Court shall give judgment in strict accordance with the sentence accepted by the parties.

However, if, on the basis of the description of the fact accepted by all the parties, the Judge or Court considers that the same is not a criminal offence or is manifest the concurrence of any determining factor of the exemption from penalty or from its mandatory mitigation, shall give judgment in the relevant terms, subject to the hearing of the parties to the act.

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

4. 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 of this Law, with the effect of retaining the validity of the acts performed, unless the replacement of the Judge or Member of the Court in the case of the fourth paragraph 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 such a case, the quantitative determination of the civil liability shall be deferred to the execution procedure, with the basis of the sentence being fixed in the judgment.

5. The expert report may be provided by a single expert.

6. 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 estimates from the assessment of the evidence and the legal status of the facts.

The requirement may be extended to request the tax ministry and the lawyers to clarify specific aspects of the evidence and the legal assessment of the facts, subject to debate one or more questions. on certain points.

7. 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 grant a the sitting, up to the limit of 10 days, at the request of the defence, in order to enable it to provide the evidence and discharge which it considers appropriate. After the practice of a new test that can be requested by the defence, the charging parties may, in turn, amend their final findings.

8. When all the accusations qualify the facts as crimes punishable by punishment that exceeds the jurisdiction of the Judge of the Criminal will be declared this incompetent to judge, will terminate the trial and will transmit the performances to the Hearing competent. Outside of the previous assumption, the Criminal Judge will resolve what he deems pertinent about the continuation or completion of the trial.

9. The oral trial shall be carried out by the Judge or the President and the Magistrates, the Registrar, the Prosecutor and the Attorneys for the prosecution and the defence, with the essential content of the test carried out on the same basis. incidents and complaints produced and 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 794.

1. The sentence will be handed down in the form provided for in Article 248.3 of the Organic Law of the Judiciary within five days of the completion of the oral trial.

2. The Judge of the Criminal Court may issue a sentence orally at the event of the trial, the judgment being documented by the Registrar's faith or in the annex to the minutes, without prejudice to the subsequent wording of the judgment in accordance with the previous paragraph. 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 sentence and shall, after hearing the parties, decide on the conditional sentence.

3. The judgment may not impose a penalty that exceeds the most serious of the charges, nor may it be punishable by a different offence when it involves a diversity of protected legal or substantial change of the act of prosecution.

Article 795.

1. The sentence handed down by the Judge of the Criminal Court is appealing to the relevant provincial court and that of the Central Judge before the Criminal Court of the National Court, within ten days from the date of its notification. During this period, the actions at the Secretariat shall be made available to the parties.

2. In the letter of formalisation of the appeal, which shall be lodged with the body which issued the decision which is contested, the arguments concerning the breach of the rules and the procedural guarantees, the error in the assessment of the proceedings, shall be set out in order. evidence or infringement of a constitutional or legal provision on which the challenge is based and the address for service shall be fixed.

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 formal notice, the appellant may request the application of the evidence which he was unable to propose in the first instance of the proposals which were unduly denied to him, provided that he made the The Court of the Court of the European Court of the European Court of the European Court of the European Court of the European Court of the European Court

4. In receipt of the letter of formalisation of the appeal, the Judge shall transfer to the other parties for a common period of 10 days and after the same date, whether or not written of impeachment or accession have been filed, shall be raised within two days of the date of the Hearing the original cars with all the written submissions.

5. If the orders are received, if the appeal is not proposed, the Court will examine them and give judgment within ten days, returning them to the Judge for the purpose of executing the judgment.

6. When it considers that it is necessary for the proper formation of a founded conviction, the Hearing may agree to the holding of sight, citing the parties.

7. If the appeal documents contain proof of proof, the Hearing shall decide within three days on the admission of the proposed test and, in the same act, shall indicate the day for the hearing within the next 15 days.

8. The view will be celebrated starting with the practice of the test. The parties then summarise orally the outcome of the same and the basis of their claims.

Article 796.

1. The judgment of appeal shall be delivered within five days of the oral hearing and shall not be admissible for any other appeal than that of review, where appropriate, and that of the following Article, where appropriate.

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 preservation of their validity, all acts whose content would be identical, however, shall not be valid.

Article 797.

1. At any time when he appears or has been convicted in absentia in accordance with the provisions of the second subparagraph of Article 793 (2), the judgment given in the first instance or on appeal shall be notified to him. compliance effects of the penalty not yet prescribed. Upon notification of the judgment, he shall be informed of his 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 to be appealed against in annulment by the sentenced person within the same period and with the same requirements and effects as those laid down for the appeal. The time limit shall be counted from the moment when it is established that the sentenced person was aware of the judgment.

CHAPTER IV

From the execution of statements

Article 798.

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:

First. If the compensation amount has not been fixed in the judgment, any party may, during the execution of the judgment, urge the practice of the evidence which it considers appropriate for its precise determination, the claim of which shall be transferred to the the other so that within the common period of 10 days they shall ask in writing what they are entitled to do. 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.

Second. In cases where the deprivation of the driving licence has been agreed upon, it shall be immediately withdrawn if such a measure has not already been agreed, leaving the document together with the cars and sending the order to the Head of Office. Traffic Central to leave it with no effect and not to issue another new one until the extinction of the conviction. "

Item seventh.

Article 989 of the Criminal Procedure Act will have the following wording:

"The pronouncements on civil liability shall be subject to provisional execution in accordance with the provisions of Article 385 of the Law on Civil Procedure."

ADDITIONAL PROVISIONS

First.

The transitional regime of forced retirement by age of the Magistrates of the Supreme Court, Magistrates, Judges and Prosecutors established in the transitional provision 28.1 of the Organic Law 6/1985, of July 1, of the Judiciary, applicable from 1 January 1989, shall be as follows:

From that date the mentioned staff will be retiring as they are sixty-eight years old.

On January 1, 1993, staff who have been sixty-seven years old will be retired and in 1993 they will be retiring those who reach that age.

On January 1, 1994, staff who have been sixty-six years old will retire and during that year the officials who will be reaching that age will be retired.

From January 1, 1995, retirement will be sixty-five years.

Second.

Articles 4. º, 5. º, 6. º and 7. º are of an ordinary law.

TRANSIENT PROVISIONS

First.

As long as the District Courts remain, they will know these of the trials for faults not attributed to the Courts of Peace and the Courts of Instruction of the appeals against the resolutions of the District.

Second.

As long as the book III of the Penal Code is not updated, the Courts of Peace will retain the jurisdiction to know in the first instance the judgments of faults that they currently have.

Third.

As long as the Criminal Courts do not enter into operation, the functions that correspond to them according to the modifications introduced by this Law will be exercised by the Courts of Instruction of the Demarcation or by the Hearing, in accordance with the powers for prosecution and judgment which are currently recognised respectively. Where the abstention of the Judges of Instruction for the tenth cause of Article 219 of the Organic Law of the Judicial Power in the processes in which the instruction and the judgment corresponds to them, those to refer the actions to the competent body for the failure, in accordance with the rules on the extension of jurisdiction, replacement or distribution established.

Fourth.

The powers that this Law, in its article 3, paragraph 6, attributes to the Chambers of Government of the Superior Courts of Justice, will be assumed by the respective Chambers of Government of the Territorial Hearings, in so far as those are not constituted.

Fifth.

The ongoing procedures for the entry into force of this Law shall be in accordance with the provisions of Articles 779 et seq. of the Law on Criminal Procedure, as amended in accordance with this Law, except when the provisional qualification had already been formulated by the prosecution.

REPEAL PROVISION

The Organic Law 10/1980, of November 11, of oral prosecution of intentional crimes, less serious and flagrant and articles 799 to 803 of the Law of Criminal Procedure, are repealed.

FINAL PROVISIONS

First.

The Government will dictate how many provisions are accurate in the field of its competence for the implementation of the provisions of this Organic Law.

Second.

This Organic Law shall enter into force on 1 March 1989, except in its Articles 1, 2, 2, 3. and the Additional Provision, which shall enter into force on 1 January of the same year, without prejudice to the provisions of this Law. Transitional provision 34 of the Organic Law 6/1985, of July 1, of the Judicial Branch. The constitution and entry into operation of the Criminal Courts shall be governed by the provisions of the Law on Demarcation and the Judicial Plant.

Therefore,

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

Palacio de la Zarzuela, Madrid, at December 28, 1988.

JOHN CARLOS R.

The President of the Government,

FELIPE GONZÁLEZ MARQUEZ