Article 797 of the Criminal Procedure Law

  Criminal Procedure Law

1. The Night Court, after receiving the police report, together with the objects, instruments and evidence that, if applicable, accompany it, will initiate, if appropriate, urgent proceedings. There will be no appeal against this car. Without damage of the other functions entrusted to it, it will carry out, when relevant, the following procedures, in the order it considers most convenient or the circumstances advise, with the active participation of the Public Prosecutor's Office:

1. It will collect the fastest means criminal record of the detainee or person under investigation.

2. If it is necessary for the legal classification of the alleged facts:

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a) It will collect, if it has not received them, the expert reports requested by the Judicial Police.

b) He will order, when it is pertinent and proportionate, that the forensic doctor, if he has not done so previously, examine the people who have appeared in court and issue the corresponding expert report.

c) An expert will order the appraisal of property or objects seized or seized and brought to judicial disposal, if it has not been done previously.

3. A statement will be taken from the detainee placed before the court or from the person who, being investigated under the terms of the report, has appeared at the police summons, in the terms provided in the article 775. In the event of failure of the investigated person to appear at the police summons before the Court on duty, the latter may apply the provisions of article 487.

4. He will take statements from the witnesses summoned by the Judicial Police who have appeared. In the absence of appearance of any witness To the police summons before the Court on duty, the latter may apply the provisions of article 420.

5. It will carry out, where appropriate, the information provided for in article 776.

6. The person under investigation will be identified in a lineup, if it is pertinent and the witness has appeared.

7. He will order, if he considers it necessary, a confrontation between witnesses, between witnesses and those investigated or those investigated among themselves.

8. He will order the summons, even verbally, of the people he considers necessary to appear before him. For these purposes, the summons of members of the Security Forces and Corps who have intervened in the report whose statement appears in it will not proceed, unless, exceptionally and through a reasoned resolution, their new statement is considered essential before adopting any of the resolutions. provided in the following article.

9. It will order the practice of any relevant diligence that may be carried out immediately or within the period established in article 799.

2. When, due to the place of residence of a witness or victim or for another reason, it is reasonably feared that a test may not be carried out in the oral trial, or could motivate its suspension, the Judge on duty will immediately carry out the same, ensuring, in any case, the possibility of contradiction of the parties.

Said diligence must be documented on a medium suitable for the recording and reproduction of sound and image or by means of a document authorized by the Judicial Secretary, with the expression of the parties involved.

For the purposes of its assessment as evidence in the ruling, the interested party must request in the oral trial the reproduction of the recording or the literal reading of the proceedings, in the terms of article 730.

3. The Lawyer designated for the defense will also have legal authorization to represent his client in all actions that take place before the Judge on duty.

To guarantee the exercise of the right of defense, the Judge, once urgent proceedings have been initiated, will order that a copy of the report and any actions that have been or will be carried out in the Court of Duty be sent.

art 797 lecrim

Article 797 of the Criminal Procedure Law is part of the title dedicated to procedure for expedited prosecution of certain crimes: