Article 759 of the Criminal Procedure Law

  Criminal Procedure Law

In the cases included in this Title, the questions of jurisdiction that are promoted between Courts and Tribunals of the jurisdiction ordinary will be carried out according to the following rules:

1. When a Court or Court refuses to hear a case or demands knowledge of what another has, and there is doubt about which of them is competent, if there is no agreement with the first communication that is addressed for that reason , they will bring the fact, without delay, to the knowledge of the hierarchical superior, by means of a reasoned statement, so that said superior, after hearing the Prosecutor and the parties appearing in an appearance that will be held within the following twenty-four hours, decides immediately what that he deems appropriate, without further recourse.

When the question arises in instruction phase, each of the courts will continue to carry out in all cases, until the controversy is definitively resolved, the procedures leading to the verification of the crime, the investigation and identification of the possible culprits and the protection of those offended or harmed by it, Both courts must send each other testimony of what was done and communicate any procedures they carry out.

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2. No Investigating, Criminal, or Central Investigating or Criminal Judge may promote matters of jurisdiction to the respective Courts, but rather explain to them, after hearing the Public Prosecutor's Office for a period of one day, the reasons he or she has to believe. that knowledge of the matter corresponds to him.

The Judicial Secretary will provide the presentation and background information to the Public Prosecutor's Office and the parties appearing for a period of two days and, after hearing everyone, the Court, without further formalities, will resolve within the third day what it deems appropriate, communicating this resolution to the Judge who has exposed it for compliance.

3. When any Investigating, Criminal, or Central Investigating or Criminal Judge comes to understand a case attributed to the jurisdiction of the respective Courts, they will be limited to ordering him, after hearing the Public Prosecutor's Office and the parties in person for a period of two days, to refrain from knowing and send them the proceedings.

art 759 lecrim

Article 759 establishes the rules for jurisdictional issues raised between Courts and Tribunals of ordinary jurisdiction.

Article 759 of the Criminal Procedure Law is part of the title dedicated to Abbreviated procedure: