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What types of offences are covered by speedy trials?

Criminal law
What types of offences are covered by speedy trials?

Crimes that can be found in fast-track trials are the following: theft, injury, coercion, threats, physical or psychological violence, crimes against traffic safety, and finally, the crime of damages. This is listed in article 795.1.2 of the LECRIM. 

The corresponding articles of each of the offences: 

1.Offence of slight psychological or physical violence: article 153 CP.

2.Theft: article 234.1 CP.

3.Coercion offence: 172.1 CP.

4.Offence of threats: 169-171.1 CP. 

5.Offence of Injury: article 147.1 PC.

6.Offence of Damage: Article 263 of the CC. 

7. Offence against traffic safety: articles 379 to 385 ter of the CP.

Firstly, what is a speedy trial? It is a criminal process that allows certain offences to be tried more quickly and easily.

Secondly, when is a speedy trial set in motion? When these 3 requirements are met: firstly, when the trial is initiated by means of a police report and, secondly, when the sentence does not exceed 5 or 10 years and finally, this trial is only applied to certain offences as mentioned above. 

Regarding the offences: 

The crime of Theft is defined as follows: basically it consists of appropriating a movable thing, without the consent of the owner. But force is never used in this crime. An example is pickpocketing.

As for the penalty for this offence, it will depend on whether the amount stolen exceeds 400 euros. If it does, you will be punished with a prison sentence of six to eighteen months. And if it does not exceed 400 euros, article 235 of the CP, the aggravated offence, will be applied.

The crime of coercion occurs when a person limits the freedom of another person through intimidation or violence, but it does not have to be physical violence. An example is when a landlord who has tenants cuts off their electricity because they do not pay the rent. Yes, that is a crime. It cannot be done, because the tenants are coerced into doing something by an action. 

 The penalty for this offence is a prison sentence of between 3 months and 2 years. The offence of Minor Coercion is intended for the lower half of that range, while the aggravated type carries penalties in the upper half of that range.

The offence of threats is when you announce to a person that you intend to cause them any kind of risk or harm, not only to them, but also to the people closest to them. For example, when someone tells you that they are going to kill you. 

The penalty for this offence would be a prison sentence of 1 to 5 years if they have achieved what they set out to do, and if they have not achieved what they set out to do, it would be 6 months to 3 years in prison (this is conditional). Now, when it is not conditional, it is a penalty of 6 months to 2 years imprisonment.

The offence of Injury consists of causing harm to a person by any means, and that harm affects bodily integrity, physical health or even mental health and requires medical treatment. An example is when in a disco fight, a person is hit by a bottle by another person and ends up with stitches in his body. 

The penalty for this offence would be a prison sentence of 3 months to 3 years or a fine of 6 to 12 months.

The offence of Damage arises when a person causes damage to another person's property. For example, a person throws a brick through a window of his neighbour's house in order to harm him.

The penalty in this case varies according to the thing damaged. 

For offences not exceeding 400 euros, a fine of 1 to 3 months will be imposed. And if it was reckless, it would be a fine of 3 to 9 months, depending on the type of damage caused. 

The offence against traffic safety is an unlawful conduct when you endanger public safety and other people on the road. An example would be driving under the influence of alcohol or without a driving licence.

The penalty for this offence would be imprisonment for up to 5 damages in the case of Art. 381 PC. A fine of up to 24 months is foreseen in art 381, 384, 385 PC.

In addition, community service can be up to 90 days.

As for the crime of psychological or physical violence, this is when a person causes harm that can be physical or psychically can also affect you.

The penalty for this crime would be a prison sentence of 6 months to 2 years.

Within the cases of violence against women it is very common to suffer threats, coercion and injuries by the partner. An example would be the case of a couple, the woman's name is Raquel and the man's name is Darío. At the beginning there were no problems in the relationship, but over the years it was becoming a very toxic relationship and they had two children. Dario felt an uncontrolled jealousy towards Raquel and unfortunately showed it with physical violence. The children became involved in the arguments. This all started because Darío did not trust Raquel, even though they had been together for many years, he questioned whether the two children they had together were really his or not. So Raquel, after a long time surviving the threats and violence, ends up filing several complaints. Dario was eventually ordered to give her a shelter order, both for the safety of Raquel and the children, because she no longer felt safe by his side and apart from abusing her, he was constantly threatening her, saying "I'm going to kill you" even to the children. But Dario breached the restraining order and eventually had to go to jail.

It is important to know that a restraining order can be a sentence or a provisional restraining order, but it must not be breached in any case because it is an offence of breach of a precautionary measure/sentence. This offence has its own penalty.

This type of procedure is to prosecute small crimes quickly, without overloading the system and to be able to bring justice to the victims as quickly as possible. In the case of violence against women, both their safety and that of the children or older members of the family who have lived together in an abusive situation is sought. In order to succeed in a speedy trial, it is necessary to hire a lawyer to represent our interests and to ensure that the truth triumphs. At Audacia Abogados, we can help you get justice. Call us.

Criminal law

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