Once the records are returned by the Prosecutor, or if he is not a party to the case, by the last of the persons to whom they have been delivered, the Judicial Secretary will appoint a day for the hearing, in which the Prosecutor, if he were a party, and the defenders of others, may report what they consider appropriate to their rights.
The hearing will be held on the appointed day, whether the parties attend or not, without more than ten days between the day on which the appointment is made and the day of the hearing. The assistance of the Public Prosecutor's Office will be mandatory in all cases in which it intervenes. And the suspension cannot be agreed for any reason, and any claims for suspension that are formulated will be rejected outright, without further appeal.
The competent Judicial Secretary will ensure, under his/her responsibility, that the appeal is processed in the shortest possible time, without in any case more than two months elapse between the day of entry into the Hearing of the testimony for the appeal, or of the summary, in your case and that of the day of the hearing.
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This article from the Spanish LECRIM refers to the sight celebration on the day indicated by the Judicial Secretary.
Article 230 of the Criminal Procedure Law is part of the title dedicated to the resources against procedural decisions:
- Criminal Procedure Law
- Book I. General provisions
- Title X. Appeals against procedural decisions
- Chapter I: Of the appeals against the resolutions of the Judges and Courts
- Title X. Appeals against procedural decisions
- Book I. General provisions