The procedure for the rapid prosecution of certain crimes, also called "Rapid Trial" is described in articles 795 and following of the Criminal Procedure Law.
In the event that a conformity agreement is reached in a Quick Trial procedure, a substantial reduction in the sentence for which the perpetrator of the acts was being accused will be automatically adopted.
Next, we go into more detail:
The Quick Trial cannot be used in all crimes, but only in those that meet the following requirements:
1. In the case of flagrant crimes, it is when the criminal is surprised at the very moment of committing the crime.
2. That the crime is not punished with imprisonment for more than five years or with any other penalties, single or added, whose duration does not exceed ten years.
3. That the criminal process has been initiated based on a police report and that a person has been arrested as being responsible for it. Placing her at the disposal of the Duty Court or having released her, but summoning her to appear before said Court as a defendant.
Apart from the above, a Speedy Trial can only take place when one of the following crimes has occurred:
- Crimes of injuries, coercion, threats or habitual physical or mental violence, committed against the persons referred to in article 173.2 of the Penal Code.
- Crimes of theft.
- Theft crimes.
- Crimes against traffic safety.
- Crimes of theft and robbery of use of vehicles.
- Crimes of damage referred to in article 263 of the Penal Code.
- Flagrant crimes related to intellectual and industrial property provided for in articles 270, 273, 274 and 275 of the Penal Code.
- Crimes against public health provided for in article 368, second paragraph, of the Penal Code.
Speed trial stages
The procedure for the rapid prosecution of certain crimes consists of the following procedural phases:
1. Actions of the judicial police, during the time of detention, the judicial police must carry out, if unavoidable, the following actions:
- Explain to the defendant his right to appear in the Duty Court assisted by a lawyer.
- Ask for health and forensic medical reports.
- Summon the accused to appear before the Duty Court, if they have released him.
- Summon the witnesses to the events, if any, and the insurance companies.
- Require analysis of the substances seized from the National Institute of Toxicology, Institute of Forensic Medicine or corresponding laboratory.
- Perform breathalyzer tests or drug detection tests in the body when necessary.
- Require the preparation of an expert report if it is essential.
2. Investigation Phase, once the Court on Duty becomes aware of the police report, it will determine if Urgent Proceedings should be opened, issuing an order to that effect and carrying out the investigative steps it deems essential for the qualification of the facts.
The defendant's statement will be admitted in this procedural phase. In the event that he himself tries to reach conformity with the accusation of the Public Prosecutor, admitting the facts and issuing a sentence by the Duty Court, an automatic reduction of one third of the sentence required by the accusation will be applied.
3. Intermediate phase, if the Duty Judge considers it appropriate to follow the procedure, he will dictate an oral order to that effect, with the parties ruling on whether they consider the opening of an oral trial to be appropriate.
If the Public Prosecutor requests the opening of an Oral Trial, it will formulate an accusation brief and the defendant's defense will be processed to either issue a defense brief in that same act, or leave a period of 5 days to present it in writing.
Once this is done, the corresponding Criminal Court will be informed of everything that has happened so that it can assign a day and time for the trial.
4. Oral Trial, in the act of the Oral Trial, the means of evidence proposed by the accusation and defense will be practiced, resulting in the final sentence that may be appealed within 5 days before the relevant Provincial Court.
If you have been arrested for a complaint and you need a criminal lawyer to avoid greater evils, call us.
Call us
