The criminal procedure called in Marbella, Spain
THE ACCUSATION REPORT, IN THE “PROCEDIMIENTO ABREVIADO”
Our expert lawyers in criminal law in Marbella defend their clients in court in an abbreviated procedure.
In the previous blog about the criminal procedure called “el procedimiento abreviado”, we made a brief summary of the first phase of the procedure (Diligencias previas). Then in this blog we will explain the requirements or content that must contain the accusation report “el escrito de acusación”, which, is regulated in articles 780 and following of the Spanish Criminal Procedure Act.
Thus, once the first phase of the procedure has been concluded, the hearing proceedings is stated, where the Public Prosecutor's Office and the private accuser will formulate their corresponding reports against the accused.
CONTENT OF THE ACCUSATION REPORT
A. The request to open the hearing proceeding before the tribunal that correspond.
B. The identification of the person or people against whom the accusation is directed.
C. These points referred to in article 650, i.e:
- The punishable acts resulting from the summary proceedings.
- The legal classification of the same acts, defining the crime.
- Participation that the accused have had in the crime.
- The facts that resulting as a criminal offenses and constituting mitigating circumstance “Atenuantes” aggravating circumstances “Agravantes” of the crime or exempt “Eximentes” criminal responsibility.
- The penalties incurred by the defendant or defendants, if there are several, due to their respective participation in the criminal offense.
D. Also the private prosecutor, and the Public Prosecutor's, where it is supporting the civil action/responsibility, will also state:
- The amount in which they appreciate the damages caused by the criminal offense, or the thing to be returned.
- The person or people who appear responsible for the damages or the restitution of the thing. And the fact that they have incurred this responsibility.
E. The amount of compensation (damages) or the setting of the basis for its determination.
F. The people civilly liable.
G. Decisions on the delivery and destination of goods and effects.
H. Casting for the costs (Imposition of costs of proceedings).
I. The evidence to be taken in the hearing proceedings shall be proposed, stating whether the claim for documents or the summonses of experts and witnesses should be made through the judicial office.
Similarly, in the accusation report may be requested the early taking of evidence that cannot be taken during the hearing trial sessions. And the adoption, modification or suspension of the measures referred to in Article 763 (agreeing to detention or any measures of deprivation of liberty or restriction of rights), 764 (adoption of precautionary measures for the insurance of financial liabilities, including costs) and 765 (measures relating to facts arising out of the use and circulation of motor vehicles), or any others that may be appropriate or have been adopted, as well as the cancellation of those taken against people against whom no accusation is made.
On the other hand, if the prosecutor finds that no offence has been committed, he will proceed to dismiss the case.
Exceptionally, the Public Prosecutor may state that it is not possible to file an accusation report t for lack of essential elements. And therefore that it is not possible to establish the facts, and will therefore request that additional proceedings be taken.
Our English-speaking lawyers in Marbella will represent and defend you in a criminal trial
Please do not hesitate to contact our Law firm in Marbella if you would like our lawyers to represent you in a criminal procedure called and the accusation report. Whether you are a complainant or a defendant, our team of expert criminal lawyers in Marbella will be happy to defend your interests.
Author: Cecilio Sánchez, Lawyer in Marbella