The criminal procedure called "Procedimiento abreviado" in Marbella, Spain

THE PRELIMINARY PROCEEDINGS, IN THE “PROCEDIMIENTO ABREVIADO”

Our expert lawyers in criminal law in Marbella defend their clients in court in a criminal procedure called.

The “procedimiento abreviado” is a type of Spanish criminal procedure, which is regulated within Title II, of Book IV of the Spanish criminal procedure law, which regulates special procedures, specifically regulated in articles 757 and following of the aforementioned law.

This procedure shall apply to the prosecution of offences punishable by a penalty of not more than nine years' imprisonment or other penalties of a different nature, regardless of their amount or duration.

In this type of procedure, the assistance of a lawyer will be required, and the intervention of a procurator will not be necessary until the start of the hearing proceedings.

When the defendants or witnesses do not speak or understand the Spanish language, an interpreter will be appointed, without the need for the appointed interpreter to have an official qualification.

OUR ENGLISH-SPEAKING LAWYERS IN MARBELLA WILL REPRESENT AND DEFEND YOU IN A CRIMINAL TRIAL

The process begins with the phase known as the “Diligencias previas” preliminary proceedings. In this phase we try to find out and determine if a crime has occurred, and in the same way, it is determined who the perpetrators have been (accomplices, participants, collaborators, etc.) and the judge or court that will judge them.

In the first appearance the Judge will inform the investigated person, in the most understandable way, of the facts that this person has being charged with. Previously, the Court will inform him/her of his/her rights, and will ask him/her to designate an address in Spain where notifications will be made, or a person to receive them on his/her behalf, warning him/her that the summons made to the address he/she designates or to the person designated will allow the trial to be held in his/her absence, at the request of the Public Prosecutor or the prosecution, and after hearing the defence, considers that there are sufficient elements for prosecution, when the requested penalty does not exceed two years' imprisonment or, if the penalty is of a different nature, when its duration does not exceed six years.

Both before and after making a statement, the person under investigation is allowed to have a private interview with his or her lawyer.

Author: Cecilio Sánchez, Lawyer in Marbella

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. Whether you are a complainant or a defendant, our team of expert criminal lawyers in Marbella will be happy to defend your interests.

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