You may not have known this, but one of the most important changes in Spanish law is the introduction of the misdemeanor trial. A procedure that replaces what was previously known as misdemeanors and changes the legal landscape.
Discover what the misdemeanor trial is all about
Whether you have known it before as misdemeanors or more currently as misdemeanor prosecution, it is an important figure in the legal system. After all, it is one of the most frequently occurring and is about:
- Any offense that warrants a minor penalty
- Refers to behaviors that do not correspond to serious acts
- They imply that a lawsuit has been filed by a person affected by it
- Prison is not an applicable penalty for these
All this, in accordance with the provisions of the Penal Code and the reform carried out 8 years ago. Now, do you know how a misdemeanor trial is conducted?
Misdemeanor trial step by step
Of course, like any procedure, the trial of misdemeanors must be governed by a series of steps and regulations. Among these we can mention the following:
- The claim period is limited to the date on which the crime occurred. In this case, we are talking about a maximum term of 6 months to be able to sue.
- There are offenses that can be brought to trial without having to wait too long. This is in accordance with articles 962 and 963 found in the prosecution legislation.
- After a complaint, you can wait up to 7 days for the judge’s decision to open the trial. It should be noted that the legal figure who will be in charge of the case must be an examining magistrate.
- In the event that the complainant does not appear in the legal proceedings of the case, the case may end up being resolved in favor of the respondent. Otherwise, the trial will be held pending the availability of those involved.
- The process involves depositions by both parties as well as the intervention of witnesses. In the end, it will be up to the examining magistrate to establish the final verdict.
Therefore, it is important that each party to the misdemeanor trial complies with its duties throughout the proceedings. In this way, a satisfactory resolution can be reached, especially for the person who has been affected by a crime.
What are the offenses considered minor?
There are many actions that fall into the category of misdemeanor and these can be found well summarized in the law. Specifically, we refer to the Penal Code, which states this information in Article 33.4. Examples include less serious reckless homicides or assaults without serious injury.
Also noteworthy within this type of crime are thefts of less than 400,000 euros or reckless injury. As you can see, these are actions in which there is no real intention or the damage has not been so great.
How to keep up with crime?
The best way to know which offenses qualify as misdemeanors for trial is to have the best legal counsel. Don’t you have a team working in this area yet? Then it would be best for you to contact the CBLeon Abogados team.
We take care of offering you all the necessary advice to solve any kind of legal problem. Of course, the misdemeanor trial procedure is within our capabilities. Call us now and find out what other services we have for you.
