You may not have known this, but one of the most significant changes in Spanish law is the introduction of the trial for misdemeanors. A procedure that replaces what were previously known as misdemeanors and slightly alters the legal landscape.
Find out what a misdemeanor trial is all about
Whether you've heard of them before as "fouls" or, more recently, as criminal trial minor, ...it is an important concept in the legal system. After all, it is one of the most frequently encountered concepts, and it refers to:
- Any crime that warrants a minor penalty
- It refers to behaviors that do not constitute serious offenses
- This implies that it has been submitted a lawsuit by a person affected by it
- Imprisonment is not a punishment that applies to these individuals
All of this, in accordance with the provisions of the Penal Code and the reform carried out eight years ago regarding it. Now, do you know how a trial for misdemeanors is conducted?
Step-by-Step Guide to Misdemeanor Trials
Of course, like any other procedure, the trial for misdemeanors must follow a series of steps and regulations. These include the following:
- There is a application period The statute of limitations begins on the date the crime was committed. In this case, the maximum period for filing a lawsuit is 6 months.
- There are crimes that can be brought to trial without having to wait too long. This is in accordance with the Sections 962 and 963 that are found in criminal procedure laws.
- After a complaint is filed, it may take up to 7 days for the judge to issue a decision to proceed to trial. It should be noted that the legal professional who will preside over the case must be a investigating judge.
- If the complainant fails to appear at the legal proceedings, the case may ultimately be decided in favor of the defendant. Otherwise, the trial will be postponed until the parties involved can be present.
- The process involves statements from both parties as well as testimony from witnesses. Ultimately, it will be the investigating judge who reaches the final verdict.
Therefore, it is important that every part of the trial for misdemeanors fulfill their obligations throughout the proceedings. In this way, a satisfactory resolution can be reached, especially for the person who has been the victim of a crime.
What crimes are considered misdemeanors?
There are many actions that fall under the misdemeanor and these are clearly summarized in the law. Specifically, we are referring to the Penal Code, which sets forth this information in Article 33.4. Some examples include manslaughter less serious or assaults without serious injury.
Other notable examples of this type of crime include thefts under 400,000 euros or the injuries caused by negligence. As you can see, these are actions where there was no real intent or the harm caused was not that significant.
How can I stay up to date on crime?
The best way to determine which crimes qualify as misdemeanors is to have the best legal advisors on your side. Don't have a team in this area yet? Then your best bet is to contact the the team at CBLeon Abogados.
We provide you with all the necessary guidance so you can resolve any legal issue. Of course, the process of trial for misdemeanors We can definitely help. Call us now to find out what other services we offer.
