It is normal to be unaware of most of the rights that we can count on in a criminal proceeding, but that is why at Audacia Lawyers we want to explain them to you. You should know that in the criminal process you can be in two different positions, as a defendant (that is, you are accused of a crime) or as a victim (that is, you have been harmed by a criminal action).
The first list of rights is the most famous and the one we have surely heard of:
- The fundamental rights of the detainee
- The right to the presumption of innocence
- The right to remain silent
- The right to effective judicial protection
- The right to defense and to use the pertinent evidence
- The right to equality and contradiction
- The right to a public trial without undue delay and with all the guarantees
- The right to an ordinary judge predetermined by law
But in addition to this first part, which we will talk about later, the answer to ¨What rights do I have in a criminal proceeding?¨ is broader. You also have the right to:
- Have free legal aid (have a free lawyer, provided you meet the legal conditions).
- Have the assistance of an interpreter (translator both in your statements and in the trial).
- That the indictment be delivered to you in your own language (to ensure effective judicial protection).
It is essential that you know your rights at the hands of Audacia Abogados.
But what do all these rights mean for us or our particular case?
The fundamental rights of the detainee are a whole series of norms that seek to ensure the situation of a person who has been detained to preserve legality and prevent one from being at the mercy of the authorities without any guarantee.
As far as the presumption of innocence is concerned, it is not necessary to understand the media sense of the phrase but the legal one, which in essence is: the accusation must prove the guilt of the accused.
The right to effective judicial protection is a set of rights that surround the process, not only criminal but also civil and any other judicial sphere, and seek equal procedural opportunity and arms in it, as well as a fair process.
Regarding the right of defense and to use the pertinent means of proof, the law means that we can defend ourselves in the process by providing everything that exculpates us from the alleged infraction and allows us to prove the truth of our version, or what is the same prove that what we say is true.
On the other hand, there is the right to equality and contradiction, which implies the freedom to file a legal claim or defend against it within the limits of a pre-established legal process that makes it possible to clarify what actually happened in the case.
The right to a public trial without undue delay and with all the guarantees, is a fundamental principle of the procedural laws of our country and that seeks that we have a fair trial and in an adequate time, that is to say that there are significant delays that can harm us.
Another of the notable rights is that of having an ordinary judge predetermined by law, which is more related to the type of infraction, victim and place where the act occurred. Depending on all these factors, the law will send us to have a trial at the victim's home (in the case of gender-based violence), or at the place where the crime was allegedly committed (forum comissi delicti), among many other possibilities.
Now, in addition to these first prerogatives that we have talked about, there are also more specific rights such as free legal aid. As mentioned, it is necessary that you meet the economic and social conditions that the law provides to have access to it.
Finally, and since Spain is a country full of people from other countries, like Torrevieja, which has a large immigrant population, it is important to bear in mind that the court interpreter service can be used free of charge, so that they can attend the statements both in the Civil Guard as in the court and in the trial itself, as well as obtaining a written copy translated into your language of the prosecutor's letter in which you are accused of a crime.
Now that we have answered your question ¨What rights do I have in a criminal proceeding?¨, we mention that if you want an expert lawyer to handle your case, call Audacia Abogados and have your rights respected.