Due to the gradual increase of delinquency in our society, in 2001, the need to address the immediate prosecution of less serious and flagrant crimes, by means of a brief procedure called QUICK TRIAL, was taken up again.
Our Law Firm will explain, in a simple way, how this type of procedure is organised and in which cases it is appropriate to initiate it. In order for the commission of a crime to be prosecuted through the procedures foreseen for this type of fast-track trial, the following requirements must be met:
a) They must be offences punishable by a custodial sentence NOT EXCEEDING FIVE YEARS or, with any other penalty, the duration of which does not exceed ten years.
b) It must be initiated by virtue of a POLICE STATEMENT. However, not every police report will give rise to the initiation of this procedure, only those that meet certain requirements, which we will refer to later.
c) The Judicial Police must have ARRESTED the alleged offender and placed him/her at the disposal of the Duty Court OR, without arresting him/her, summoned him/her to appear before the Duty Court as a defendant in the police statement.
d) It must be a FLAGRANT CRIME. A crime is considered to be flagrante delicto if it is being committed or has just been committed when the offender is caught in the act (hence the expression "caught").
e) It must be one of the following offences: gender violence offences, theft offences, robbery offences, vehicle theft and burglary offences, road offences, damage offences, offences against public health and flagrante delicto offences relating to intellectual and industrial property.
f) It is to be expected that the INSTRUCTION of the case will be SIMPLE.
We have pointed out that not all the Attestations give rise to the initiation of a speedy trial procedure, but only those in which the Judicial Police have carried out the following procedures before or during the arrest will give rise to the initiation of such procedures:
a) A copy of the REPORT on the MEDICAL ASSISTANCE given to the injured party has been requested.
b) The person accused has been INFORMED OF THE RIGHT TO APPEAR WITH A LAWYER of his or her choice and that, if not, he or she will be appointed ex officio.
c) TO SUMMON WHOEVER THE COMPLAINTEE, the WITNESSES, INSURING ENTITIES, to appear in the Duty Court on the day and at the time indicated to them. Warning them of the consequences of not appearing.
d) THE ALCOHOLEMIC AND TOXICOLOGY TESTS provided for in road safety legislation have been PERFORMED.
e) The relevant TESTS ON THE OBJECTS found will be carried out.
After this, and already in the premises of the Duty Court, the Judge will initiate urgent proceedings, and the following proceedings will be carried out:
a) The CRIMINAL RECORDS of the detainee or person charged shall be obtained.
b) Any EXPERT OR MEDICAL REPORTS requested shall be obtained.
c) DECLARATIONS WILL BE TAKEN FROM THE DETAINED, WITNESSES and any PERSONS that the Judge considers NECESSARY.
The Judge will then issue a RESOLUTION with any of these contents:
a) If he considers the proceedings to be sufficient, he will issue an oral order and the ORAL TRIAL WILL BE PREPARED.
b) If, on the other hand, it considers them insufficient, it will order, with reasons, that the proceedings continue as preliminary proceedings of the abbreviated procedure.
If the judge decides that the proceedings should continue, on the grounds that the proceedings are sufficient, the judge will hear the parties in order for them to decide whether the case should be dismissed and closed or whether the case should be brought to trial.
In the event that they consider that the opening of the oral trial is appropriate, the Public Prosecutor's Office will present its indictment and the accused, in view of the same, may give his CONFORMITY in that act. Not being in agreement with what the Public Prosecutor's Office has decided, the accused's lawyer will present his DEFENCE WRITTEN STATEMENT.
After this, the Judicial Secretary of the Duty Court will set the date for the oral trial as soon as possible and, always within the following FIFTEEN DAYS, the summons for the oral trial.
Once the speedy trial has been held, which you must attend with your trusted lawyer, and within the three days following the trial, the Judge will issue a Sentence. If you do not agree with the sentence, your lawyer may lodge an appeal within FIVE DAYS AFTER the notification of the sentence; this appeal will be resolved by the corresponding Provincial Court.
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