The criminal procedure called "Procedimiento abreviado" in Marbella, Spain
THE DEFENSE REPORT, IN THE “PROCEDIMIENTO ABREVIADO”
Our expert lawyers in criminal law in Marbella defend their clients in court in an Abbreviated Procedure.
On the previous blog on the abbreviated procedure “Procedimiento Abreviado”, we made a brief summary of the first phase of the procedure (preliminary proceedings), and of the accusation report. Then we will explain the content of the defense report in the abbreviated procedure “Procedimiento abreviado”, it is regulated within the hearing trial phase, in articles 780 and following of the Spanish Criminal Law.
Thus, once the first phase of the procedure has concluded, the hearing trial is opened, the prosecution and the personal accusations will submit their accusation report. The accused party or parties will submit the corresponding defense report.
Once the hearing trial is open, the judge will summon (will call) the accused. So that within three days the accused will appear in the case with a barrister who defends him/her and an attorney (Procurador in Spanish) who represents him/her. In the event that he does not appoint either of them, they will be assigned ex officio.
Once this process is completed, the judge will transfer the proceedings to those designated as accused and third parties responsible in the accusation report, so that within ten days they present a defense report against the accusations received.
It must be taken into account that, if the defense does not present an opposition document within the indicated period, it will be understood that it is opposed to the accusations and the procedure will continue.
CONTENT OF THE DEFENSE REPORT
A. The judge may be requested to request the transfer of documents or to summon experts or witnesses,
for the purposes of practicing the corresponding evidence in the hearing trial sessions or, where appropriate, the practice of early evidence.
B. The defense report can express agreement with the accusation (It must also be signed by the accused).
If it was not possible to locate the accused, they would not have made the designation of domicile and if the requested sentence exceeded two years of deprivation of liberty or, if it were of a different nature, when its duration did not exceed six years. The Judge will order to issue a requisition for his summons and seeks, declaring them rebels, if they do not appear or are not found. That is, the accused will be placed in what is known in the colloquial language "in search and capture"or “wanted” (Busqueda y captura).
As soon as the proceedings are available to the Judge or Court, they will examine the proposed evidence and issue an order admitting what they consider relevant and reject the rest. And will establish what is necessary for the practice of the anticipated evidence.
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 the defense 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
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