What are urgent procedures?
Urgent proceedings are those carried out before the Court of Guard for the prosecution of certain crimes. They take place before the preparation of the oral trial. What are urgent proceedings before the Court of Guard? Urgent proceedings are the procedural actions carried out in the Court of Guard or the Court of Violence against Women with the aim of initiating a rapid prosecution of certain crimes . They are practiced before the oral trial is held . Colloquially, it can be said that Urgent Proceedings is the name given to the “ instruction phase ” of the so-called Rapid Trials . They provide everythrs specializing in procedural law . If you need an office with extensive experience in Criminal Law, contact us and find out without obligation . CONTACT US What crimes does it apply to? Urgent proceedings are carried out in the case of prosecution of crimes punishable by a custodial sentence not exceeding five years or by other penalties whose duration does not exceed ten years, regardless of their amount.
In addition, article 795 LECrim establishes the following requirements: That the criminal process is initiated by a police report and that the Judicial Police have arrested a person and placed them at the disposal of the Court of Duty. In the event that he has not arrested her, he must have summoned the person under investigation to appear before the Court of Duty because he has the status of a defendant in the police report. That DM Databases one of the following circumstances occurs: That it is a flagrant crime , that is, a crime that is being committed or has just been committed when the offenheft and theft of vehicle use . Crimes against traffic safety . Damages of article 263 CP. Crimes against public health of the second paragraph of article 368 CP. Flagrant crimes related to intellectual and industrial property provided for in articles nd 275 CP. That it is a punishable act whose instruction is presumed to be simple.
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However, urgent proceedings cannot be applied to crimes related to others not included in their scope of application or when it is appropriate to agree on the secrecy of the proceedings. How is the urgent procedure process developed? The Police Court receives the police report and, if appropriate, agrees to initiate urgent proceedings by means of an order against which there is no appeal. The judge then proceeds as follows: Request the criminal record of the person under investigthe appraisal of assets or objects seized or seized and brought to judicial disposal if necessary. Take a statement from the detained or investigated person. Take statements from witnesses. Offer actions to witnesses who are also offended or harmed by the crime under the terms of article 776 LECrim. Practice the lineup recognition of the investigated person if it is pertinent. Orders confrontation between witnesses, between witnesses and those investigated or investigated among themselves if it is pertinent.
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