Article 779 of the Criminal Procedure Law

  Criminal Procedure Law

1. Once the pertinent procedures have been carried out without delay, the Judge will adopt by order one of the following resolutions:

1. If you consider that the act does not constitute a criminal offense or that its perpetration does not appear sufficiently justified, you will agree to the dismissal corresponding. If, even considering that the act may constitute a crime, there is no known author, the provisional dismissal and it will sort the file.

The order of dismissal will be communicated to the victims of the crime, at the email address and, failing that, postal address or address that they have designated in the request provided for in article 5.1.m) of the Victim Statute Law. of the crime.

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In cases of death or disappearance caused by a crime, the dismissal order will be communicated in the same way to the people referred to in the second paragraph of section 1 of article 109 bis, whose identity and email address or postcard was known. In these cases, the Judge or Court may agree, with reasons, to dispense with communication to all family members when several of them have already been successfully contacted or when all efforts taken to locate them have been unsuccessful.

Exceptionally, in the case of citizens residing outside the European Union, if an email or postal address is not available to make the communication, it will be sent to the Spanish diplomatic or consular office in the country of residence so that the I posted.

After five days from the communication, it will be understood that it has been validly made and will display all its effects. Exceptions from this regime will be those cases in which the victim proves just cause for the impossibility of accessing the content of the communication.

The victims may appeal the dismissal order within a period of twenty days even if they have not shown themselves as a party to the case.

2. If the fact that gave rise to the formation of the proceedings is deemed to be missing, the proceedings will be sent to the competent Judge, when it is not his responsibility to prosecute them.

3. If the fact was attributed to the jurisdiction military, will be inhibited in favor of the competent body. If all those investigated were minors of criminal age, the proceedings will be transferred to the Juvenile Prosecutor so that he can initiate the procedures of the Law of Criminal Liability of the Minor.

4. If the act constitutes a crime included in the article 757, will follow the procedure ordered in the following chapter. This decision, which will contain the determination of the punishable acts and the identification of the person to whom they are charged, cannot be adopted without having taken a statement from that person in the terms provided in the article 775.

5. If, at any previous time, the investigated person assisted by his lawyer had acknowledged the facts in court presence, and these constituted a crime punishable by a penalty included within the limits provided in the article 801, will immediately summon the Public Prosecutor's Office and the parties in person so that they can express whether they formulate indictment with the agreement of the accused. If so, it will initiate urgent proceedings and order the continuation of the proceedings through the procedures provided for in the articles 800 and 801.

2. In the first three cases, if there is no member of the Public Prosecutor's Office constituted in the Court, nor have the parties filed an appeal, the proceedings will be sent to the Prosecutor of the Court, who, within three days following their receipt, It will return them to the Court with the document filing the appeal or with the "seen" formula, proceeding in this case to execute the resolution.

art 779 lecrim

Article 779 of the Criminal Procedure Law refers to the different avenues of action that the Judge has when proceedings have been opened. These range from the dismissal of the case if necessary until disqualification in favor of the competent body.