The criminal procedure called «Procedimiento abreviado» in Marbella, Spain » The hearing

Our expert lawyers in criminal law in Marbella defend their clients in court in an abbreviated procedure.

In previous blogs on the “Procedimiento abreviado”, we made a brief summary of the first phase of the procedure (preliminary proceedings/diligencias previas), explained the content of the accusation report and the defence report, and then we are going to explain the next phase of the process, which is known as hearing trial, which is regulated in articles 780 and following of the Spanish Criminal Procedure Law.

Thus, once the first phase of the procedure is concluded, the hearing trial is opened, where the prosecution and the personal accusations are going to develop their accusation reports and the accused party or parties the corresponding defence report

 The hearing trial will begin with the reading of the accusation and defence reports.

Next, the Judge will open a turn of interventions so that the parties can present what they deem appropriate about the following points:

Jurisdiction of the Tribunal.

Violation of some fundamental right.

Existence of articles of prior pronouncement.

Causes of the suspension of hearing trial.

Nullity of actions..

As well as on the content and purpose of the tests proposed or proposed to be practiced on the spot.

The Judge will resolve in the same act what is appropriate on the issues raised.

It should be taken into account that, in the face of the decision adopted, no recourse will be possible, without prejudice to the pertinent protest to the effect that the matter may be reproduced, in the event that an appeal is filed against the judgment.

In the event that the defence deems it appropriate, and as long as it is carried out before the start of the test, with the consent of the defendant present, he may request the Judge to proceed to pronounce a sentence in accordance with the brief of accusation containing a more serious penalty.

Thus, if the sentence does not exceed six years prison, the Judge may issue a sentence in accordance with that stated by the defence.

The next step is to practice the evidence, which will be carried out in a concentrated manner, in the consecutive sessions that are necessary. It should be said that the expert report may only be provided by an expert.