Trial procedure for minor (petty) crimes

Interrogation of the parties in a trial procedure for petty crimes

Our expert Lawyers in Criminal Law in Marbella defend their clients before the courts in trial procedure for petty crimes.

The criminal procedure for the trial of minor crimes is regulated in the Spanish Criminal Procedure Act in its book VI. Articles 962 and those following.

The judge sits at the back of the room in the centre and next to him/her is the lawyer of the administration of justice (“letrado de la administración de justicia”), who supports the judge. To the left of the judge sits the prosecutor and the complainant's lawyer. And to the right of the judge the defendant's lawyer. The rest of those present will sit on the benches that are normally located at the entrance. Whenever a person (a witness, any of the parties or an expert) is called by the judge and has to speak, they must do it through the microphone in the centre of the room.

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The trial begins with the interrogation of the plaintiff -complainant/s.

It must be taken into account that the complainant has the obligation to tell the truth and cannot lie, otherwise he/she could be accused of false testimony.

    1. First, the judge will speak, who will ask the complainant if he affirms and ratifies the complaint (“denuncia”), and then the prosecutor speaks.
    2. Then, the prosecutor will ask the complainant to explain his/her version of the facts, and during his/her statement, the prosecutor will ask relevant questions in order to know if there is any criminal responsibility.
    3. Third, the complainant's lawyer will conduct the interrogation of his/her client.
    4. The last to interrogate the complainant is the defendant’s lawyer.


Then, the trial continues with the interrogation of the accused, who has no obligation to tell the truth, that is, the defendant could lie.

The interrogation will have the same order as the interrogation of the complainant. The judge will speak first, then the prosecutor, followed by the complainant's lawyer and finally the lawyer of the accused.

Do not hesitate to contact our Law Firm in Marbella if you want our lawyers to represent you in a trial procedure for petty crimes. Whether you are a complainant or an accused party. Our team of expert Lawyers in Criminal Law in Marbella will be happy to defend your interests.