What are criminal procedures?
In the Spanish criminal justice system, there are different types of procedures.
The application of one or another mainly depends on the type of offence being investigated or tried.
Although there are differences between procedures, in general the rights of the parties are similar, with some exceptions such as the procedure for minor offences.
Main differences between procedures
The differences between procedures are usually not related to the rights of the parties, but to how the case is processed.
This affects:
- The procedural steps carried out during the proces
- The defence and prosecution strategy
- The time needed to resolve the case
Tipus de procediments penals
Minor offence trial
It applies when the penalty is of lower severity, such as short-term fines or minor restrictions of rights.
Summary trial (fast-track procedure)
It is used in cases where the offence is clear, the suspect is arrested at the time of the facts, and the investigation is straightforward.
Ordinary procedure (pre-trial investigation)
It is the most common procedure.
It applies when the offence may carry penalties of up to nine years of imprisonment (or any non-custodial penalties), provided that no other specific procedure applies.
Indictment procedure (serious offences)
It is used for more serious offences, with penalties that may exceed nine years of imprisonment.
Jury trial procedure
It applies to certain offences established by law, such as homicide, bribery, or house trespass, among others.
Its main feature is that the verdict is decided by a jury composed of citizens selected at random.