Accused

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He accused is a person for whom a conviction is sought following the holding of a criminal proceeding. From the moment in which complaint someone for this purpose goes through different stages of the procedure. AND In each of these phases it is known by a specific name. So:

  • During the first phase it is known as denounced.
  • Yes of the complaint followed the instruction of a judicial proceeding will become known as investigated.
  • When after the instruction it opens oral trial, the person under investigation will be called indicted.
  • Only when, at the end of the oral trial, is the subject of accusation, will be known as accused.
  • And in the event that he is convicted, he will be called condemned or punished.

Who is the accused?

As has been stated, The accused is the person for whom a sentence is requested after being charged with a crime, once the criminal procedural channel has begun and the investigation is completed.

The accusation is processed by filing a indictment, in which the conviction of the accused is requested.

This document will be formulated by the Public Prosecutor's Office and by the private accusation. In response, The judge will order the opening of the oral trial, and the defendant will become the accused.

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He indictment must identify:

  • To the accused or the accused.
  • The facts for which they are accused.
  • The qualification that these facts deserve (that is, the crime or crimes for which they are charged).
  • The mitigating either aggravating factors that could attend.
  • The request for the penalty and, where appropriate, the amount of compensation.

Rights and duties of the accused

The accused must be assisted by a criminal lawyer, which constitutes a fundamental right recognized in article 24.2 of the Spanish Constitution. These professionals will assist you during the process, trying to reduce the sentence or free you from it.

2. Likewise, everyone has the right to the ordinary judge predetermined by law, to defense and legal assistance, to be informed of the accusation made against them, to a public trial without undue delay and with all guarantees, to use the relevant means of proof for their defense, not to testify against themselves, not to confess guilt and to presumption of innocence.

Article 24.2 of the Spanish Constitution

During this process the accused may participate. You may be subject to interrogations, as well as request the taking of relevant evidence.

Both the taking of evidence and the remaining procedural actions will be governed by the rules of contradiction and equality of arms. Furthermore, the accused has an additional “privilege,” which is the right to have the last word.

One of the main rights of the accused is that during the oral trial only the facts accepted in the instruction will be considered. This implies that the statements made in the accusation documents cannot be modified. This prevents the accused from facing new (and surprising) accusations.

The accused also can agree to certain sentences, which will conclude the trial. In general, this procedure is of interest in the field of quick trial, where a conformity ruling allows the proposed sentence to be reduced by up to a third.

Finally, The accused has the right to Judgment issued by the Court is reasoned.

In fact, if equitable solutions are used and free will is used, the article 741 of the Criminal Procedure Law requires the Court to indicate whether it took into consideration the binding elements of the applicable provision.

Failure of the accused

The accused must attend the oral trial to be able to defend oneself. Without embargo, his non-appearance cannot justify not holding the trial.

So the court could continue its proceedings provided that:

  • Has personally summoned the accused.
  • And the crime is not punishable by more than 2 years in prison or other penalties greater than 6 years.

In these cases the accused will be declared in default, ordering his call and search. If there were more accused, the proceedings against those present could continue.

End of defendant's condition

The status of accused ends at the end of the oral trial. When the sentence is passed, it may be:

  1. Condemning, in which case the accused will be considered convicted.
  2. Absolutory, in which case the accused will no longer have any legal name.