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What do I do if I have a speedy trial?

Speedy trials are very common in Spain and it is important to know what rights you have.

Civil Law Criminal law
What do I do if I have a speedy trial?

In order to know what to do when these situations arise, we must first understand what a speedy trial is, in which cases this type of trial can occur and what phases or steps they have. That is what we are going to explain in this article.

What is a speedy trial?

A speedy trial is a criminal trial, which aims to speed up the procedure, making it quicker and simpler. They usually last one day or are scheduled in less than a month.

The truth is that speedy trials are usually held for the following reasons:

Criminal trials for minor offences, these are the most common cases in which this type of procedure is usually used. It should be noted that, if the offence is more than minor (such as less serious or serious offences), it is compulsory to go with a lawyer.

Within the civil procedures, there is a quick procedure called "monitorio", which refers to debt claims with some specific requirements. 

However, if you decide to go without the help of an expert, you may not be able to defend your rights at the trial because you do not understand all your rights and, therefore, it may end up being worse.

Next, we will explain the phases of a speedy trial.

A speedy trial has the following phases: 

1. The preliminary investigation phase. The judicial police arrest the person and inform them of the events that have occurred, as well as bringing the detainee before a court to hold a speedy trial. Failing this, the person will be served with a summons to appear in court within a few days.

2. Investigation phase. This is when, in a very brief and quick manner, all the evidence and witnesses necessary for the trial are gathered, in addition to summoning the accused person. This is usually done in a very short time, it can be in a matter of hours.

At this stage, there is the possibility of reaching a sentence of conformity, which is done by negotiating with the prosecutor. In other words, the detainee can admit guilt and the sentence can be reduced by a third, which is beneficial for someone who cannot provide sufficient evidence that he or she is not guilty. 

3. Prosecution phase. If no agreement is reached, there is an oral trial in the criminal court for sentencing, which can be reduced by appeal.

On the other hand, a civil trial can be of three types:

A. Verbal trial. This is carried out when the amount involved does not exceed €6,000 and everything related to the trial is collected on the same day. It is therefore necessary to know how to act quickly and decisively in these situations.

B. Ordinary trial. The difference with the verbal trial is that this is carried out when the amount involved is greater than €6,000 and takes longer. On one day the parties involved will be summoned to present evidence, while on a different day, witnesses will be presented and the judge's final judgement will be given.

C. Payment order.This is a fast procedure that, if the defendant does not oppose it, goes directly to the execution of the claim. It is applied to claim debts.

As we can see, these procedures are shorter than others but can be quite complex. This is why we encourage you to consider the specialised help of a lawyer, as you will act with more security and peace of mind.

Our recommendation is that you contact a lawyer to guide you and give you their assessment in order to achieve the best results. With Audacia Abogados, you can be sure that you will have an expert team and you will receive the attention you need. Make an appointment now.

Civil Law Criminal law

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