In the judgment corresponding, the defendant pleads guilty to his crime, in order to commute his judgment and avoid a oral trial.
This is a judicial mechanism provided for by the Criminal Procedure Code, which does not intervene after the trial takes place like any other, but before to avoid holding the trial before the oral hearing.
Furthermore, through a judgment proper, the accused waives the right to presumption of innocence and the possibility of appealing it. The judge will be obliged to accept the suitability.
Mandatory Compliance Features
Compliance must be within its validity:
Are you looking for a lawyer specialized in Criminal Law?
we help you find a criminal lawyer.
We have a wide network of collaborating lawyers in all Spain.
Absolute means that the defendant demonstrates the adequacy of everything (facts, sanctions, legal qualifications). Express and very personal, it cannot be granted through an agent or intermediary, but through the accused himself.
Expresses himself voluntarily and freely. Comply with all legal procedures, as a double guarantee, this agreement must be agreed upon by the accused and his lawyer.
Conformity assessment requirements
If a compliance penalty is imposed in accordance with a Abbreviated procedure, the agreed sanction may not exceed 6 years and may not be less than the minimum sanction for the violation.
On the other hand, when the judgment is executed within the framework of expedited execution, the required penalty is reduced by one third. The following conditions must be met:
The prison sentence cannot exceed three years. In the case of a rehabilitation sanction, said sanction or its total may not exceed two years in prison, from the moment of reduction by one third.
In the case of other sanctions such as disqualification, cannot exceed 10 years. If it is a fine, no amount is required.
Finally, the law does not provide for the possibility of awarding a match in a normal procedure.
Advantages and disadvantages of the conformity ruling
The main advantage of compliance is that it gives the defendant the opportunity to reduce the required sentence, allowing him to request the substitution of the sentence or the suspension of the sentence, provided that the following conditions are met.
In addition, the duration is also significantly shortened and eliminates the uncertainty that in many cases can persist for several years.
Without embargo, not all of them are useful because, as we have said, one of the requirements is the recognition of the facts presented.
Furthermore, in any case, the possibility of a fight for acquittal is prohibited; Finally, a judgment adequate will give rise to the corresponding sentence, a circumstance that must be taken into account.
How should the compliance sentence be complied with?
How do you recognize the jurisprudence of the Supreme Court, criminal enforcement must have the following characteristics:
absolute
The admissibility of the charges must extend to the facts, as well as the legal and potential sanctions and the civil liability. Therefore, it cannot be subject to condition, condition or condition, except in matters of civil liability.
clarifies
The agreement cannot be concluded or implied, but the defendant is asked to express his desire for reconciliation.
Very personal
The accused himself must express his consent before the judge, not through an agent, representative or mediator.
Volunteer
Only consent given freely and voluntarily is valid, but not if the consent is given by submission. Therefore, the Attorney General of the Judicial Department must notify the accused of the consequences of compliance before it is presented.
Formal
Compliance must be ensured by following all necessary legal procedures for each procedural moment that may occur.
double security
Both a hearing of the defendant's defense and the defendant's agreement to the settlement are required, that is, the defendant's statements are not sufficient, but his attorney must agree.
Thus, if the lawyer considers it necessary to carry out the trial, the judge may accept it despite obtaining the consent of the accused.