This speedy trial is a specific prosecution for certain crimes. It is regulated in criminal procedural law in its Law of Criminal Procedure. It is characterized in that the procedure is much shorter and more agile than the ordinary trial.
This type of quick trial can only be followed in specific crimes and that do not have an associated penalty in the serious Penal Code. Despite the fact that the terms are shorter, this trial maintains all the constitutional principles so that there is no defenselessness of the parties.
When does the speedy trial operate?
The crimes that will be prosecuted by this criminal process are:
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Crimes that have an associated custodial sentence (jail/prison) that does not exceed a certain number of years. In Spanish legislation it is established in five years and they must also comply with the following budgets:
- Flagrant crime. But what does it mean? Crimes are flagrant when the criminal act is discovered while the person is committing it or has just committed it.
- Certain crime:
- Against traffic safety.
- Against public health.
- Crimes related to intellectual or industrial property.
- Crimes that have an instruction or investigation a priori, simple. For example, a murder is not expected to have a short or simple investigation.
Characteristics and procedure
The main characteristics that define this process are its brief procedure that consists of:
- The judicial police must act with the utmost diligence and as soon as possible. It must act especially during the time of detention of the investigated. You have to make the report that will consist of the following steps:
- Information proceedings: it will inform the person to whom the criminal acts are attributed and the rights that assist him.
- Summon the defendant to the oral hearing.
- Summon witnesses to the oral hearing.
- Request that a doctor treat the victim of the crime and issue a report on the matter.
- Analyze the substances that may have been collected.
- In case of crimes against traffic safety, they must carry out breathalyzer tests on the roads.
- The duty court will receive the report from the judicial police and will carry out the following procedures as soon as possible:
- Obtain the criminal record of the person under investigation.
- He will take a statement from the detainee and the witnesses.
- He will hear the parties involved and the Public Prosecutor.
- The duty judge will issue a decision:
- If he considers that the proceedings carried out have been sufficient to investigate the fact, he issues an oral order and will follow this special procedure. Oral trial opens.
- If you do not consider that the steps taken have been sufficient to investigate the facts, this type of procedure will no longer be relevant. The investigation will continue through the procedures of the abbreviated procedure and not through the speedy trial.
- Oral trial:
- It is essential that the defense attorney and the defendant attend.
- First, the defense and prosecution briefs are read. Then the parties can intervene.
- Before beginning the practice of evidence, the defendant’s attorney may request that the judge enter a consent sentence if the defendant acknowledges the facts and is satisfied with the crime and its associated penalty. If the judge considers that the classification of the crime and the sentence is correct, he passes a sentence accordingly and ends the quick trial. If the judge does not agree with the classification of the crime and the sentence, he will follow the speedy trial.
- The test is carried out.
- Final conclusions of the parties.
- The judge will issue a sentence no later than three days from the holding of the speedy trial. This ruling can be appealed through the appeal.