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FELIPE VI King of Spain to all that the present join together and act.
Know: That the Cortes Generales have approved and I come in to sanction the following law: preamble I the code of criminal procedure proposal presented by the Committee on Institutional Affairs for the elaboration of a text articulated in law of Criminal Procedure, established by agreement of the Council of Ministers of March 2, 2012, currently under public information and debate, proposes a radical change of the criminal justice system whose implementation requires a broad consensus. As long as the debate remains, on trust to find the maximum possible concert on the new criminal procedural model, it is necessary to immediately address certain issues that can not wait to be resolved with the enactment of the new normative text that will replace the more than century-old Criminal Procedure Act.
In this law shall be regulated issues that do not require development through organic law, which will have a parallel regulation in a rule with that range, and which are the following: a) the need for effective provisions of streamlining of criminal justice in order to avoid undue delay, b) the forecast of independent confiscation proceedings, c) the general implementation of the second instance ((, d) enlargement of the appeal and e) extraordinary judicial review reform.
II there are certain measures, simple deployment, allowing to avoid unnecessary delays, without any loss of rights of parties: to) the modification of the rules of relatedness and their application to determine the jurisdiction of the courts; (b) the reform of the system of referral by the Judicial Police, the courts and the public prosecutor's statements concerning crimes without known author; (c) the fixing of maximum instructional time; and (d) the regulation of a penal order for payment procedure.
The reform of the rules of relatedness implies a rationalization of the criteria of formation of the subject of the process, so they have the most suitable content for their quick and effective conduct. This is intended to prevent the operator from the accumulation of causes and procedural elephantiasis which reveals itself in the so-called macroprocesses. Accumulation by connection only makes sense if concur priced circumstances that are expressed in article 17.1 and 2 of the Criminal Procedure Act, when knowledge of the issues separately will not be more advisable. This assessment of the concurrence of rules and conditions of relatedness corresponds exclusively to the examining magistrate. The novelty of the reform is to set up than the simple analogy or unrelated does not constitute a cause of connection and only justifies the buildup when, at the request of the public prosecutor, as a defender of the legality and the public interest, the judge considers it more convenient to clarify the facts and the determination of the responsibilities from unless you suppose excessive complexity or delay the process, and provided that this competition does not alter. Thus, in addition, will prevent the frequent transfer of cases between various courts to search which should know of the matter by a simple coincidence of the person which is attributed to various offences.
Also is a streamlined, easy to implement, the consistent measure to avoid irrational use of human and material resources of the administration of Justice to manage the overcrowded police no author known, as they result in the courts in unnecessary opening of proceedings that are archived immediately prior seen from the public prosecutor's Office. It is a superfluous and disturbing work. To ensure adequate enough judicial control with which such certificates are kept by the Judicial Police at the disposal of judges and prosecutors. However, referral to the judicial authority is mandatory in any case regarding particularly sensitive subjects, such as offences against the life, physical integrity, against sexual freedom and indemnity or corruption-related crimes. They shall also send all statements in which, after the first seventy-two hours, the Judicial police practice any diligence aimed at the identification of the author, whenever you throw some result. It is ensuring that there will be no autonomous police investigations, but also avoid all causes to finish calling in the courts when there is no progress with respect to the initial situation.
On the other hand, following the proposal of the Committee on Institutional Affairs referred to above, for the completion of the instruction, replaced the meager and ineffective within a month of article 324 of the Criminal Procedure Act by realistic maximum terms which causes if procedural consequences. Simple matters of complexes, corresponding initial qualification the instructor body are. It envisages the possibility of the extension of the latter at the request of the public prosecutor, as the guarantor of legality ex Article 124 of the Constitution, and in any case, after hearing the parties person, and, for all the assumptions, an extension of the exceptional at the request of either of the Parties transmitted and heard others, with much flexibility, but in a way that finally there is an impassable time limit in which the proceedings or pre-trial have concluded and it has taken the decision that is appropriate, well the continuation of the procedure already at intermediate stage, well the discontinuance of proceedings. For the determination of the ordinary terms of six and eighteen months, depending on whether a matter easy or complex, respectively, taken as reference the average duration of the instruction time, as reflected in the statistical studies judicial and fiscal. It is, therefore, reliable deadlines in those proceedings that instructors must have already served their purposes. However, the system provides rules of adaptation of deadlines to the reality of the instruction, so that a simple initially declared cause can become complex, and that situations such as the Declaration of the secrecy of the proceedings, what will actually happen in the event of intervention of the communications, do not affect the computation of time limits, given that in this case it will be interrupted. The same will happen if the instructor agrees the provisional dismissal to consider that you can not advance positively in any circumstances cause processing. By way of this new regulation closing clause removed any risk of impunity by referral deadlines during to exclude that depletion will lead to the automatic file of the proceedings, outside the cases that proceed the free or provisional closure of the cause.
Additionally, as also proposed by the Commission, sets the process for acceptance of Decree. It's a criminal order for payment procedure that allows the conversion of the sanction proposal made by the public prosecutor's judgment when the objective and subjective requirements are met and the defendant agreed to, with mandatory legal assistance. Following a proven successful model in comparative law, establishing a mechanism of acceleration of criminal justice which is extremely effective to relieve congestion on the judicial bodies and to dispense a quick punitive response to crimes of insufficient gravity whose sanction may be fine or work for the benefit of the community, fully respectful of the rights of the defence. The aim of this reform is the establishment of a channel of early termination of the criminal proceedings for offences of minor, applicable irrespective of the procedure that corresponds to them. It is, therefore, applicable to minor offences and crimes less serious which are within its material scope of application, at the request of the public prosecutor's Office and before the conclusion of the phase of instruction. Also responds to the possibility of completing the phase of proceedings of investigation of the Prosecutor's Office with an elevation of actions to the magistrate's Court not involving the implementation in fact knowledge but, in fact, the application of the sentence and punishment. Its effective application will mean a significant reduction in the instructions and further oral proceedings, which is also for the benefit of the shortening of the so-called "intermediate phase" of the procedures.
Directive 2014/42/EU of the European Parliament and of the Council, on April 3, 2014, on the seizure and confiscation of the instruments and proceeds of crime in the European Union requires Member States to articulate runways for its implementation, in particular to enable the effectiveness of the new figures of confiscation. Thus regulates a process of autonomous confiscation allowing the deprivation of ownership of the goods from the crime despite the fact that the author can not be judged. The procedure responds to a balance between agility which is her own and guarantees for popular people. It has opted for remission to the oral procedure of the Civil procedure law, which contributes to legal certainty. The specialities of the procedure in the articles and a system of resources based on the fast-track procedure have been included, however. Provides also the implementation phase of the confiscated property, in which the associated research will be directed by the public prosecutor, without detriment to the research functions of this at the interlocutory stage. This regulation has put in context with the modifications of the confiscation, which, in turn, introduced the reform of the Penal Code, and in particular, as a complement to that, is provided now intervention in the procedure of third parties who may be affected by the seizure. Their rights are guaranteed not only in this procedure, but with the articulation of an action for annulment, by reference back to the law of Civil procedure, where the resolution has been issued without considering their status as interested in the cause.
IV despite to the organic law of the judiciary establishes timely forecasts organic to the generalization of the second instance in the criminal process, developing the right recognized by article 14.5 of the International Covenant on Civil and political rights, under which all convicted of crime may refer to review the case to a higher court, the absence of regulation procedure of appeal against judgements handed down by the provincial hearings and by the Criminal Chamber of the national court, upon celebration of trial before these courts, maintains an unsatisfactory situation which have to be compensated by greater flexibility in the understanding of the reasons for the appeal, distorts the role of the Supreme Court as a maximum performer of the criminal law. For this reason, is to generalize the second instance, by establishing the same regulation currently scheduled for the appeal of judgements handed down by the Court of Assize in the abbreviated process, while adapting it to both constitutional and European demands. Has been considered opportune to complete the adjustment of the appeal with new legal provisions relating to the error in the assessment of the test as a basis for the appeal and the content of the sentence that the ad quem organ may issue in such circumstances, which last is to adjust the regulation of this matter to constitutional doctrine, and in particular , to the requirements arising from the principle of immediacy. In relation to the first, when the indictment alleges this reason as either its resource base in order to cancel an acquittal, already to aggravate the conditions laid down in a conviction, you must justify the failure or lack of rationality of it or its manifest deviation of the maxims of experience or the omission of all reasoning on some of the tests taken provided that they were relevant, or whose invalidity had been unfairly declared. In this position, the Court of appeal will see limited its powers to declare the nullity of the judgement when appropriate, setting the scope of such a declaration, that is, if it only affects the organ to quo resolution or if it has spread to the trial and, in the latter case, if a new composition should be to that body in order to ensure their impartiality.
V together with the reform of the second instance is necessary to reshape the appeal to get to fulfill effectively its unifying role of the criminal doctrine. Currently a limited crime percentage has access to the appeal and, accordingly, its unifying interpretation is conducted by the provincial hearings, which does not guarantee a uniform treatment for all Spain. Successive reforms of the Penal Code, to impulses of social demands, transposition of European directives or in connection with the fulfillment of international standards, the last of which under the organic law 1/2015, 30 March, has led to profound changes in the substantive law in addition to this reality. In this situation a reform of the material scope of the appeal was essential to allow the Supreme Court to provide the required uniformity in such matters.
To make it possible to access the new offences to the appeal the reform provides various measures that will act as counterweights to balance the model and make it fully viable. First, the appeal is generalized for breach of law, while bounded to the reason first of article 849, and reserving the rest of the grounds for more serious crimes. Second, statements that are not definitive, that is, those that are limited to declaring the invalidity of resolutions relapses recovery in the first instance, are excluded from the appeal on the grounds that in these situations the Cassation become a formality superfluous and dilatory, unless you suppose to remove the cause to the knowledge of the Supreme Court, every time that this impugnativa route will remain open once resolved the causes of invalidity. And, finally, establishing the possibility of that the resource can be inadmitido admissible by an order «succinctly motivated» unanimously by members of the room when it lacks interest casacional, but only in case of appeals against judgements handed down by the provincial hearings or the room of the penitentiary of the Audiencia Nacional. For the purpose of determining the existence of such casacional interest aspects, among others, the following must be considered: If the contested judgment is openly opposed to jurisprudential doctrine emanating from the Supreme Court, if it resolves issues over which there is conflicting jurisprudence of the provincial hearings, or if applicable standards that do not carry more than five years in force , provided that, in the latter case, there did not exist a jurisprudential doctrine of the Supreme Court as strengthened relative to previous standards of same or similar content.
In this way, there will be a doctrine of the second Chamber of the Supreme Court in all matters, substantive, procedural and constitutional.
Finally, saw the need for a runway legal enforcement of judgements handed down by the European Court of human rights, even in the Spanish legal system now without other coverage that the jurisprudential interpretation, requires reform of the grounds for judicial review, in the context of the technical improvement of the various assumptions and including also the possibility of challenges to criminal sentences resulting contradictory with the issued subsequently in another order Court about a question not feedback and judgements handed down in independent confiscation proceedings in the event of further criminal sentence issued in the main proceedings do not consider accredited the criminal act that enabled the seizure.
Single article. Modification of the law of Criminal Procedure.
The law of Criminal procedure is modified in the following terms: one. Amending paragraph 3 of article 14, which is drawn up in the following way: «3. for knowledge and judgement of cases involving crimes that law point to deprivation of liberty for not more than five years or fine anyone who is the amount, or any other of a different kind, either single, joint, or alternative» , provided that the duration of these does not exceed ten years, as well as for crimes mild, whether or not incidental, attributable to the authors of these crimes or others, when the minor offence or his test were related to those, the judge of the criminal of the district where the offence was committed, or the judge of the criminal to the circumscription of the Court of violence on women in its case «, or judge Central criminal in the field which is her own, without prejudice to the competence of the judge of instruction of guard of the place of Commission of the crime for sentencing in accordance, of the judge's violence on women competent in his case, in the terms established in article 801, as well as instruction courts competent to issue judgment in the process for acceptance of Decree.»
Two. Amending article 17, which is drawn up in the following way: «1. each offence will lead to the formation of a single cause. "
However, related crimes will be investigated and prosecuted in the same case when research and testing in whole of the facts prove to be suitable for your clarification and definition of responsibilities from unless you suppose excessive complexity or delay to the process.
2. for the purposes of the attribution of jurisdiction and of the distribution of the competition are considered related offences: 1 those committed by two or more people gathered.
2. those committed by two or more persons in different places or times if it would have preceded concert this.
3rd the roles as a means to perpetrate other or facilitate its execution.
4th the committed to ensure the impunity of other crimes.
5 facilitating real and personal crimes and money laundering with respect to antecedent crime.
6 those committed by different people when injury or reciprocal damage caused.
3. the offences that are not related but have been committed by the same person and have analogy or relationship between themselves, when they are within the competence of the same court, may be prosecuted in the same case, at the request of the public prosecutor, if the test set of facts and research are suitable for your clarification and definition of responsibilities from unless you suppose excessive complexity or delay to the process."
3. Amending article 284, which is drawn up in the following way: «1. immediately that the judicial police officials have knowledge of a public offence or may be required to prevent the statement of proceedings by reason of a private crime, will include it to the judicial authority or the representative of the public prosecutor, if they could do so without ceasing in the practice of the measures of prevention.» In another case, they will make it so they have completed them.
2 However, when there is no known author of the crime Judicial Police shall keep the certificate at the disposal of the public prosecutor's Office and the judicial authority, without sending it, unless any of the following circumstances: to) which concerned crimes against life, physical integrity, against sexual freedom and indemnity or offences related to corruption;
(b) that any diligence practice after seventy-two hours from the opening of the crowded and they have had some result; or (c) the public prosecutor's Office or the judicial authority applying for remission.
In accordance with the right recognized in article 6 of law 4/2015, of 27 April, the status of the victim of the crime, the Judicial Police shall inform the complainant that in case not be identified the author in within seventy-two hours, performances will not be sent to the judicial authority, without prejudice to their right to reiterate the complaint to the Prosecutor's office or the magistrate's Court.
3. If they had collected weapons, instruments or effects of any kind that could be related to crime and are staying in the place in which it was committed or in its vicinity, or in the possession of the accused or known elsewhere, they extend expressive diligence of the place, time and occasion in which are found, which will include a thorough description so thorough idea of the same and the circumstances of its discovery can be that it may be replaced by a graphic report. Stagecoach will be signed by the person in whose possession they were found.
4. the seizure of effects that could belong to a victim of the offense shall be communicated to it. The person affected by the seizure may have recourse anytime measure before the examining magistrate in accordance with the provisions of the third paragraph of article 334.»
Four. The first paragraph of article 295 is drawn up in the following way: 'in any case the Judicial police officers may leave more than twenty-four hours without giving knowledge to the judicial authority or to the public prosecutor of the proceedings that had been practiced, except in cases of force majeure and in the provided for in paragraph 2 of article 284.'
5. Article 300 shall be deleted.
6. Amending article 324, which is drawn up in the following terms: "1. proceedings for instruction is practiced for the maximum period of six months from the date of the initiation of proceedings or pre-trial auto.»
However, before the expiry of that period, instructor at the request of the public prosecutor's Office and after hearing the parties, may declare the complex instruction to the intended effects in the next section when, due to circumstances which have arisen to research, this not could be reasonably completed within the stipulated period or occur concurrently occurring form some of the circumstances provided for in the following paragraph of this article.
2. If the instruction is declared complex the duration of instruction will be 18 months, which the instructor of the cause may be extended for equal term or one less at the request of the public prosecutor's Office and after hearing the parties. The request for extension must be submitted in writing, at least three days before the expiry of the deadline.
The car that dismisses the request for extension not be against, notwithstanding that this petition will play on the opportune procedural moment.
Is considered to be the research complex when: a) falls on groups or criminal organizations, b) have designed numerous punishable acts, c) involves a lot of coverages or victims, d) requires the realization of expert opinions or contributions collected by the Court involving the examination of abundant documentation or complicated analysis, e) involves the realization of performances abroad ((, f) precise review of the management of public or private individuals, or g) in the case of a crime of terrorism.
3 deadlines provided for in this article shall be interrupted: a) in case of remember the secret proceedings, during the duration of the same, or b) in the event of remember the provisional closure of the cause.
When the secret lift or the proceedings are reopened, it will continue research for the time remaining until the deadlines provided for in the preceding paragraphs, without prejudice to the possibility of agreeing the extension provided for in the following paragraph.
4. exceptionally, before the course of the period established in the preceding paragraphs, or, where appropriate, the extension that had been agreed upon, if can thus request the public prosecutor's Office or any of the parties, by go reasons that justify it, the instructor, after hearing the other parties, it will set a new deadline for the completion of the instruction.
5. when the public prosecutor or the parties, where appropriate, had not made use of the faculty which gives the preceding paragraph, may not interest complementary investigation proceedings provided for in the articles 627 and 780 of this law.
6. the judge will conclude the instruction if it understands that it has fulfilled its purpose. After the deadline or its extensions, the instructor will give auto summary conclusion or, in the abbreviated procedure, the resolution which proceed according to Article 779. If the instructor has not given any of the resolutions referred to in this paragraph, the public prosecutor will urge the judge agreed the decision that would be timely. In this case, the investigating judge must resolve on the application within the period of fifteen days.
7 proceedings of research agreed before the course of the legal terms will be valid, without prejudice to their reception after the expiry of the same.
8. in no case the mere course of the maximum time limits in this article will result in the file of the proceedings if do not concur the circumstances provided for in the articles 637 or 641.»
7. Add a third subparagraph in paragraph 2 of article 790, which is drawn up in the following way: «when the indictment alleges error in the assessment of the test to ask for the annulment of the decision to acquit or the aggravation of the conviction, will need that justify the failure or lack of rationality in factual motivation, the deviation is the manifesto of the maxims of experience or the omission of all reasoning on one or some of the tests practiced that they could have relevance or unfairly whose invalidity has been declared."
8. Amending article 792, which is drawn up in the following way: «1. the appellate ruling will dictate within the five days following the oral hearing, or within ten days following receipt of the actions by the audience when its celebration has not been coming.»
2. the statement of appeal will not condemn the defendant who was acquitted in first instance nor aggravate the sentence had been imposed by error in the appreciation of evidence in the terms provided for in the third subparagraph of article 790.2.
However, the sentence, acquittal or conviction, shall be null and void, in which case, proceedings shall be returned to the body which issued the decision appealed against. The statement of appeal shall state if the nullity has extended to the trial and the principle of fairness requires a new composition of the body of first instance in order to the new trial of the cause.
3. when the appealed judgment is void for breach of an essential form of the procedure, the Court, without going into the bottom of the fault, will order will replace the procedure to the State it was in at the time of committing the lack, without prejudice that retain their validity all acts whose content would be identical despite the foul.
4. against the ruling on appeal only fit appeal in the cases referred to in article 847, without prejudice with respect to the review of definitive judgments, or the next article for contesting firm judgments in the absence of the defendant. When no appeal against the appellate ruling stands cars shall be returned to the Court for the purposes of the execution of the ruling.
5. the judgement shall be notified the wronged and harmed by the crime, although they have not been party to the cause.»
9. Is introduced in book IV a new title III bis with the following header and content: ' title IIIA process for acceptance of Decree article 803 bis a. process requirements for acceptance of Decree. "
At any time after the investigation by the Prosecutor's office initiated proceedings or initiated a judicial procedure until the end of the phase of instruction, although it has not been called to testify the person under investigation, can follow the process acceptance of Decree when the following conditions are cumulatively met: 1 that the offence is punished with a penalty of fine or work for the benefit of the community or with imprisonment not exceeding one year and that it can be suspended in accordance with the provisions of article 80 of the Penal Code, with or without deprivation of the right to drive motor vehicles and mopeds.
2nd that the Prosecutor understands that you worth in particular applicable is the penalty of fine or work for the benefit of the community and, where appropriate, the penalty of deprivation of the right to drive motor vehicles and mopeds.
3rd which is not specified people or particular indictment in the case.
Article 803 bis b. object.
1. the process for acceptance of the decree issued by the Public Prosecutor aims a criminal action exercised for the imposition of a penalty of fine or work for the benefit of the community and, where appropriate, deprivation of the right to drive motor vehicles and mopeds.
2. in addition you may have intended the civil action aimed at obtaining the return of the thing and compensation for the damage.
Article 803 bis c. content of the Decree of imposition of penalty proposed.
The Decree of proposal of imposition of penalty issued by the public prosecutor's Office will have the following content: 1 identification of the person under investigation.
2. Description of the punishable.
3 indication of the offence committed and concise mention of the existing test.
4th brief statement of the grounds which means, if any, that imprisonment should be replaced.
5 proposed penalties. For the purposes of this procedure, the public prosecutor may propose the penalty of fine or work for the benefit of the community, and, where appropriate, the deprivation of the right to drive motor vehicles and mopeds, reduced to one-third on the legally foreseen, even where it involves the imposition of a sentence less than the minimum limit provided for in the criminal code.
6 requests for restitution and compensation, where appropriate.
Article 803 bis d. referral to the magistrate.
Decree of imposition of penalty proposed by the public prosecutor's Office shall be sent to the magistrate's Court for approval and notification to the person under investigation.
Article 803 bis e. Fiat Auto.
1. the magistrate's Court will authorize the imposition of penalty proposed Decree when the requirements laid down in article 803 met bis to.
2. If the magistrate does not authorize the Decree, this shall be without effect.
Article 803 bis f. notification of the car and citation to appear.
1 dictated auto decree by the magistrate's authorization, shall notify it along with the Decree the defendant, who will be mentioned so that you appear before the Court on the date and on the day that you designate.
2. in the notification of the Decree, it shall inform the defendant of the purpose of the hearing, of mandatory assistance lawyer for your celebration and the effects of its judgment or case to appear at trial, his right to accept or reject the proposal contained in the Decree. You will be also informed that, should not be defended by counsel in the cause, should consult with a lawyer of confidence or ask for a lawyer before the term referred to in the following article.
Article 803 bis g. request for legal assistance.
If the defendant lacks assistance lawyer be appointed him court-appointed lawyer for his advice and assistance.
So that the hearing can be held, the application for designation of appointed counsel should be in term of five working days prior to the date for which it is designated.
Article 803 bis h. appearance.
1. for the acceptance of the proposal to sanction the defendant shall appear at the magistrate's Court assisted counsel.
2. If the defendant does not appear or refuses the proposal of the public prosecutor's Office, wholly or partially with regard to penalties or restitution or compensation, shall be without effect. If the defendant to appear without counsel, the judge suspended the hearing in accordance with article 746 and designated a new date for the meeting.
3. at the hearing the judge, in the presence of counsel, shall ensure that the accused understands the meaning of the Decree of proposal of imposition of penalty and the effects of its acceptance.
4. the hearing shall be recorded entirely by audiovisual media, be documented in accordance with the General rules in the event of material impossibility.
Article 803 bis i. Conversion of the Decree on conviction.
If the defendant accepts at the hearing penalty in all respects the magistrate's proposal attributed you the nature of firm judicial resolution, which will document in the form and with all the effects of sentence, which will not be subject to appeal within the period of three days.
Article 803 bis j. ineffectiveness of the Decree of penalty proposed.
If the penalty proposed Decree becomes ineffective for not be allowed by the magistrate's Court, by judgment or lack of acceptance of the accused, the public prosecutor will not be bound by its content and will continue the cause by the channel corresponding.»
10. Is introduced in book IV a new title III ter with the following header and content: "title III ter of the intervention of third parties affected by the confiscation and the procedure of confiscation autonomous chapter I of intervention in criminal proceedings of third parties who may be affected by the confiscation article 803 ter a. judgment call to the process."
1 the judge or Court agree, ex officio or upon request, the intervention in the criminal prosecution of persons who may be affected by the confiscation when stating facts that may arise are reasonably: to) that the property whose forfeiture is sought belongs to a third party other than the investigated or accused, or b) that there are third party holders of rights on the property whose forfeiture is requested that they might be affected by the same.
2 you can do without the intervention of the affected third parties in the procedure when: a) not has been able to identify or locate the possible owner of the rights on the property whose forfeiture is sought, or b) there are facts which can arise that the information on which is based the claim of intervention procedure is not true , or so-called holders of property whose forfeiture is sought are interposed individuals linked to the investigated or prosecuted or acting in collusion with him.
3. against the decision by which the judge declare inadmissible the intervention of the third party in the proceedings may be brought appeal.
4. If the affected by the confiscation had stated to the Court that it does not oppose the seizure, does not intervene in the procedure shall be given or shall be terminated which had already been agreed.
5. in the event that you agreed to receive statement of the affected by the seizure, it will instruct you the content of article 416.
Article 803 ter b. specialties of intervention and in the opinion of the affected third party citation.
1. the person who may be affected by the confiscation may participate in the criminal proceedings since his speech, been agreed although this participation will be limited to issues directly affecting their property, rights or legal status and can not be extended to issues related to the criminal responsibility of the accused.
2. for the intervention of the third party affected by the forfeiture counsel is mandatory.
3 affected by the confiscation will be cited to trial in accordance with the provisions of this law. The summons shall indicate that the trial will be held in his absence and that therein can be resolved, in any case, on the requested seizure.
The affected by the confiscation may act on the judgment through his legal representation, without the need for physical presence in the same.
4. the judgment of the affected by the confiscation will not prevent the continuation of the trial.
Article 803 ter c. notification and challenging the sentence.
The sentence in which the forfeiture agreed shall be notified to the person affected by it although it had not appeared in the process, without prejudice to the provisions of paragraph 2 of the article 803 ter to. The person concerned may bring the verdict the resources provided for in this law, although you should limit your resource to pronouncements directly affecting their property, rights or legal status, and will not extend it to issues related to the criminal responsibility of the accused.
Article 803 ter d. nonappearance of the third party affected by the seizure.
1. the judgment of the third party affected by the decomisoque was quoted in accordance with the provisions of this law will effect his statement in absentia. The rebellion of the affected third shall be governed by the rules established by the Civil procedure law regarding the rebel respondent, including those provided for notifications, resources against the judgment and the termination of the judgment at the request of the rebel, even though, in the event of termination of the sentence, the same shall be limited to pronouncements that directly affect the third property rights or legal status. In this case, you will be sent certified to the Court that had ruled in the first instance, if it is other than that had dictated the statement rescindente, and below, the following rules shall be followed: to) will be granted to the third party within ten days to file brief in response to the demand of confiscation, with proposition of test, with regard to the relevant facts for the pronouncement that affects you.
(b) presented the writing on deadline, the Court shall rule on the admissibility of proof by auto, and pursuant to General rules, be designated date for the view, designed to fit prosecution of civil action raised against the third or the condition of their property, rights or legal status by the prosecution.
(c) facing the ruling resources provided for in this law may be lodged.
If no-show written answer to the demand in term or the third party does not appear duly represented in the view will dictate, without further formality, sentence coincides with the terminate in the affected pronouncements.
2. the rights referred to in the preceding paragraph are recognised at the affected third that it had not had the opportunity to oppose the confiscation by ignoring its existence.
Chapter II procedure of confiscation stand-alone article 803 ter e. object.
1 may be subject to the procedure of confiscation autonomous regulated under this title action is requesting the confiscation of goods, effects or profits, or equivalent to the same value, when it had not been exercised before, except as provided in article 803 p ter.
2 in particular, this procedure will be applicable in the following cases: to) when the Prosecutor is limited in its letter of accusation to request confiscation of goods expressly reserving their determination for this procedure.
(b) on request as a result of the Commission of a punishable act whose author has died or can not be prosecuted for rebellion or failure to appear at trial.
3. in the case of action by the fiscal reserve, autonomous confiscation procedure only may be initiated when the process which is resolved on the criminal responsibility of the accused already had concluded with judgment.
Article 803 ter f. competition.
It will be competent for the procedure of confiscation autonomous knowledge: a) the judge or court that had handed down the judgment, b) the judge or court that was knowing the criminal case suspended, or c) the judge or Court of jurisdiction for the prosecution of the same when it has not had started, in the circumstances provided for in article 803 ter e.
Article 803 ter g. procedure.
Shall apply to autonomous confiscation procedure rules governing the verbal trial regulated in title III of book II of the code of Civil Procedure Act which are not contradictory with those laid down in this chapter.
Article 803 ter h. exclusivity of the Department of public prosecutions in the exercise of the action.
The action of confiscation in the autonomous confiscation procedure will be exclusively exercised by the public prosecutor.
Article 803 ter i. legal aid.
They shall apply to all persons whose property or rights may be affected by the confiscation the rules governing the right to legal assistance of the accused provided for in this law.
Article 803 ter j. passive legitimisation and summons to trial.
1 they will be cited to trial as defendants subjects against whom the action is directed by its relationship to the assets to seize.
2. the accused rebel will be cited by notification to its procedural representation in the suspended process and the setting of the edict on the noticeboard of the Court.
3. the third party affected by the confiscation will be cited in accordance with the provisions of paragraph 3 of the article 803 ter b.
Article 803 ter k. accused rebel or with the ability to legally modified appearance.
1. If the defendant declared rebel in the suspended process fail to appear in the independent procedure of confiscation will be appointed attorney and lawyer who will assume their representation and defence.
2. the hearing on the procedure of autonomous confiscation of the accused with the capacity judicially modified to appear in the suspended criminal proceedings is governed by the rules of the Civil procedure law.
Article 803 ter l. demand for autonomous confiscation request.
1 demand for autonomous confiscation will be presented in writing to be expressed in separate and numbered paragraphs: to) the people against whom is the request and their addresses.
(b) the good or goods whose confiscation is intended.
(c) the punishable and its relationship with the good or goods.
(d) the criminal qualification of the punishable.
(e) the situation of the person against whom the request with respect to the good moves.
(f) the legal basis of the confiscation.
(g) the proposition of test.
(h) the request seeking precautionary measures, justifying the desirability of adoption to ensure the effectiveness of the confiscation, where appropriate.
2 admited the demand, the competent body shall adopt the following resolutions: 1 remember or not the injunctive relief chosen.
2nd notify demand confiscation passively legitimised, parties who will award twenty days to appear in person at the process and submit letter of reply to the demand of confiscation.
3 adopted measures precautionary, opposition, modification or hoist them and the provision of substitute bond will take place as laid down in Title VI of Book III of the Civil procedure law in what is not contradictory to the standards established in this chapter.
Article 803 ter m. written in response to the demand of confiscation.
1. the letter of reply to the demand of confiscation will contain, in relation to the correlates of the statement of claim, allegations of the respondent.
2 If the defendant not lodged its written reply within the given time or desist from it, competent organ agreed definitive confiscation of goods, effects or profits, or a value equal to the same.
Article 803 n. resolution on test and view ter.
The competent authority shall decide on the test proposed by auto, in which designated date and time for the view according to the General rules. This resolution may not be appealed, although the test request can reiterate at the trial.
Article 803 ter o. trial and sentencing.
1. the trial will take place in accordance with article 433 of the Civil procedure law and the judge or court will resolve by a judgment within 20 days since its completion, with some of the following resolutions: 1 estimate the demand of confiscation and agree on definitive confiscation of the property.
2nd partially estimate the demand of confiscation and agree the final confiscation by the amount that corresponds. In this case, the measures will be left without effect precautionary that had been agreed with respect to the rest of the goods.
3rd dismiss the forfeiture and declaring that demand comes not because any of the grounds of opposition. In this case, the measures will be left without effect precautionary that had been agreed.
2 when the sentence deemed totally or partially the confiscation demand, identify to the handicapped and set allowances that were coming.
3. the pronouncement on costs is governed by the General rules provided for in this law.
Article 803 ter p. effects of the judgment of forfeiture.
1. the sentence will display the material effects of the thing judged in relation to persons against whom has directed action and the cause of order raised, consisting of the situation against the goods of the defendant and the facts relevant to the adoption of the confiscation, the punishable.
2 apart from the material effect of res judicata, laid down in the previous paragraph, the content of the judgment of the independent confiscation proceedings not linked in the subsequent prosecution of the accused, if it occurs.
In the subsequent criminal proceedings against the accused, if it occurs, you will not be prompted or subject to prosecution the confiscation of property which has been resolved with effect of thing tried in independent confiscation procedure.
3 will be confiscated goods destination provided for in this law and in the criminal code.
4. when the seizure had agreed by a certain value, shall be required to the person in relation to which been agreed so that you proceed to the payment of the amount due within the time limit specified; or, in another case, designate goods by sufficient value on which the confiscation order can be made effective.
If the requirement is not serviced, proceed as provided in the following article for the execution of the confiscation order.
Article 803 ter q. investigation of the Department of public prosecutions.
1. the Department of public prosecutions may carry out, by itself, through the Office of recovery and asset management or other authorities or officials of the Judicial Police, the investigation proceedings that may be necessary to locate the goods or rights owned by the person in relation to which it had agreed the confiscation.
Authorities and officials from whom the public prosecutor seek their collaboration will be forced to pay it under penalty of incurring a crime of disobedience, unless the rules governing their activity otherwise or set limits or restrictions that need to be addressed, in which case move to the Prosecutor the reasons for its decision.
2. when the Prosecutor deems necessary to carry out any research which must be judicially authorised diligence, he shall submit the application to the Court which had known the procedure of confiscation.
3. Likewise, the public prosecutor may contact financial institutions, agencies and public records and natural or legal persons so provide, within the framework of its specific rules, the relationship of assets or rights of the debtor that have record.
Article 803 ter r. resources and review of the final judgment.
1 are applicable in the procedure of confiscation autonomous regulatory standards applicable to the abbreviated penal process resources.
2 apply to autonomous confiscation procedure the rules governing review of definitive judgments.
Article 803 s. ter nonappearance of the accused rebel and the affected third.
The judgment accused rebel and third in independent confiscation procedure shall be governed by provisions of article 803 ter d.
Article 803 ter t. accumulation of application for confiscation against the accused rebel or person with the ability to legally amended in the case against another defendant.
In the event that the case against the accused rebel or person with the ability to legally amended continues to prosecute one or more defendants, can accumulate in the same cause autonomic seizure against the first action.
Article 803 ter u. new application of confiscation.
(El Ministerio Fiscal podrá solicitar ael juez o tribunal que dicte una nueva orden de decomiso cuando: a) discovered the existence of goods, effects or profits that should extend the confiscation but whose existence or ownership is had had no knowledge when it began the procedure of confiscation, and b) not previously has resolved about the origin of the confiscation thereof.»
Eleven. It introduces a new Article 846 ter with the following content: «1. cars involving the completion of the proceedings for lack of jurisdiction or free stay of proceedings and judgements handed down by the provincial hearings or the Criminal Division of the Court in the first instance are subject to appeal on appeal before the boards of Civil and criminal of the high courts of Justice of its territory, and before the Board of appeal of the national audience» respectively, which will resolve appeals on sentence.
2. the room of the Civil and criminal of the Superior Court of Justice and the Hall of national audience appeal constitute with three judges for the knowledge of the resources of appeal provided for in the preceding paragraph.
3 resources of appeal against decisions provided for in paragraph 1 of this article shall be governed by the provisions of articles 790 and 791 and 792 of this law, although the references made to the courts of Assize shall be deemed performed to the organ that has rendered the decision appealed against and the references to the hearings which is competent for the knowledge of the resource.»
12. Amending article 847, which is drawn up in the following way: «(1. Procede recurso de casación: a) for violation of law and breach of against: 1 the sentences in single instance or on appeal by the room of the Civil and criminal of the high courts of Justice. "
2. the rulings handed down by the Appeal Chamber of the national audience.
(b) for breach of law for the reason referred to in number 1 of article 849 against judgements handed down on appeal by the provincial hearings and the room of the penitentiary of the Audiencia Nacional.
2 are exempted those who restrict themselves to declare the nullity of relapses recovery in first instance judgments."
13. Amending Article 848, which shall be drafted in the following way: «may be challenged on appeal, only for breach of law, cars for which definitive auto in first instance and on appeal by the provincial hearings or by the Criminal Chamber of the national court when they involve the completion of the proceedings for lack of jurisdiction and that resource expressly authorized by law or free stay of proceedings and the cause has been directed against» the defendant through a court ruling involving a founded allegation."
Fourteen. Adding a second paragraph in the article 889, which is worded as follows: «article 889.
Deny the admission of the resource will require that the agreement be adopted unanimously.
(La inadmisión a trámite deel recurso de casación en el supuesto previsto en el artículo 847.1.b) may agree by succinctly motivated Providence whenever there is unanimity by lack of interest casacional.»
15. Amending article 954, which is drawn up in the following terms: «(1. Se podrá solicitar la revisión de las sentencias firmes en los casos siguientes: a) when it has been convicted a person in criminal sentencing firm that has assessed as proven by a document or testimony declared after false, the confession of the accused torn by violence or coercion or any other punishable act carried out by a third party» , provided that such extremes are declared by final judgment in criminal proceedings to the effect. Conviction is not callable when started to this end criminal proceedings is filed by prescription, rebellion, death of the defendant or other cause not involving an estimation of background.
(b) has been criminal judgment condemning the crime of obstruction of justice by any magistrates or judges intervening pursuant to any resolution issued in the process in which the shoulders of the judgment whose revision is intended, without which the decision would have been different.
(c) where on the same fact and accused relapsed two definitive judgments.
(d) when, after the judgment, rendered the knowledge of facts or elements of proof, that have been provided, had determined the acquittal or a less severe sentence.
(e) when, determined a preliminary ruling by a criminal court, handed down after final judgment by the non-criminal jurisdiction for the resolution of the matter that is inconsistent with the criminal sentence.
2. the contradiction between the stated facts and proven declared the criminal judgment which, in his case, handed down shall be cause for revision of the judgment of independent confiscation.
3. you may request review of a firm judgment when the European Court of human rights has declared that the resolution was issued in violation of any of the rights recognized in the European Convention for the protection of human rights and fundamental freedoms and its protocols, provided that rape, by its nature and gravity, entail effects that persist and may not stop in any way which is not by this review.
In this case, the review may only be filed by those who, being legitimized for this appeal, would have been plaintiff before the European Court of human rights. Request must be made within the period of one year since purchasing firmness the judgment of the Court referred.»
Sixteen. Amending paragraph 1 of the article 964, which is drawn up in the following way:
«1. in cases not covered by article 962, when the Judicial Police has notice of a fact that present a slight crime characters, will become immediately the corresponding statement which will be sent without delay to the Court on duty except for those cases excepted in article 284 of this law.» The overcrowded will collect the diligences practiced, as well as the offering of shares to the victim or injured party, practiced in accordance with articles 109, 110 and 967, and designation, if they have them, an email address and a phone number to which communications and notifications will be sent which are to be. If they could not provide them or request it expressly, notifications will be remitted them by mail to the address you designate."
Seventeen. Adding a new paragraph to article 985, which is drawn up in the following way: «article 985.
The execution of judgments in cases involving crime corresponds to the Court which has been issued which is firm.
The enforcement of judgments relapses recovery process for acceptance of Decree, when the offence is minor, corresponds to the Court that would have rendered it.»
Eighteen. It incorporates a new fifth additional provision with the following wording: «Fifth additional provision. Office of recovery, and asset management.
1. the Office of recovery and asset management is the administrative body that correspond to functions of location, recovery, conservation, management and realization of effects from criminal activities in the terms foreseen in the penal and procedural legislation.
When necessary for the performance of its functions and realization of its purposes, the Office of recovery and asset management may request the collaboration of any public and private entities that will be required to provide it in accordance with their specific regulations.
2. the resources assigned to the Office of recovery and asset management prior to confiscation firm court decision handed down may manage account deposit and consignment office judicial case of money resulting from the embargo or the early realization of the effects. For the remaining goods, in the circumstances, the Office can manage them any of the forms provided for in legislation applicable to public authorities. The interests of money and yields and fruit of assets will be allocated to meet the costs of management, including those that correspond to the Office; the remaining amount will be retained as a result of what is available through firm confiscation judgment.
When taken firm confiscation judgment, obtained resources shall be subject to completion and the obtained amount shall apply as provided in article 367 d of the Criminal Procedure Act. The remaining amount, as well as the product obtained by the management of the goods during the process, will be transferred to the Treasury as income of public law, which after deducting the costs of operation and management of the Office of recovery and asset management, gifted in the budget of the Ministry of Justice, affects up to 50 percent to the satisfaction of the purposes set out in the following section. This revenue will generate credit in the budget of the Ministry of Justice, in accordance with the General budgetary law.
Management costs and expenditures provided for in the preceding paragraphs may be estimated shape that is determined according to the rules.
3 purposes of the resources obtained by the Office of asset management as a result of judicial decisions of confiscation and recovery are as follows: a) support programmes of assistance to victims of crime, including impulse and staffing the offices of assistance to victims, b) support for social programs aimed at the prevention of crime and the treatment of offenders (((, c) intensification and improvement of actions of prevention, investigation, prosecution and suppression of crime, d) international cooperation in the fight against the serious forms of crime, e) and which can be determined by regulation.
4. in the law on the State budget for each year will be determined the percentage subject of involvement for the purposes set out in this provision. The criteria for the distribution of the affected resources will be set annually by the Council of Ministers agreement.»
Nineteen. It incorporates a new sixth additional provision with the following wording: «sixth additional provision. Procedure.
Without prejudice to special processes, crimes that alternately or jointly are punishable with a slight penalty and another less serious will be examined by the abbreviated procedure or, where applicable, by the procedure for the rapid prosecution of certain offences or the process for acceptance of Decree.»
Sole additional provision. Forecast costs.
The measures included in this standard may not assume increased allocations of staff, remuneration, or other staff costs.
Sole transitional provision. Applicable law.
1. this law shall apply to criminal proceedings subsequent to its entry into force.
2. the 954 article shall also apply to statements that acquire firmness after its entry into force.
The course provided for in paragraph 3 of article 954 shall apply to the judgments of the European Court of human rights who acquire firmness after its entry into force.
3. article 324 shall apply to procedures that are pending the entry into force of this Act. For this purpose, it will be considered the day of entry into force as the starting day for the computation of the maximum terms of instruction that are attached to this law.
Sole repeal provision. Repeal of rules.
Many provisions are opposed to the provisions of this law are repealed.
First final provision. Modification of the mortgage law.
Amending the seventh paragraph of article 20 of the mortgage law, which is drawn up in the following terms: «do not take some annotation of demand, embargo or prohibition of, nor any other provided for in law, if the registration holder is someone other than that against which addressed the procedure. In criminal procedures and the confiscation may take lien annotation or ban have assets, as precautionary measures, when, in the opinion of the judge or court, there is sound evidence that the true owner thereof is the defendant, making it thus recorded in the commandment.»
Second final provision. Skill-related title.
This law is run under the protection of competition which the State exclusively attributed the article 149.1.6. ª of the Spanish Constitution in procedural legislation.
The first final provision is issued under cover of the exclusive powers of the 149.1.8 article. ª of the Spanish Constitution regarding management of records and public instruments.
Third final provision. Incorporation of European Union law.
This law was incorporated into Spanish law directive 2014/42/EU of the European Parliament and of the Council, on April 3, 2014, on the seizure and confiscation of the instruments and proceeds of crime in the European Union.
Fourth final provision. Entry into force.
This law shall enter into force two months after its publication in the «Official Gazette».
Therefore, command to all Spaniards, private individuals and authorities, which have and will keep this law.
Madrid, October 5, 2015.
The Prime Minister, MARIANO RAJOY BREY
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