1. Without damage of the application in this procedure of the article 787, he accused You may give your consent to the Night Court and dictate this conformity ruling, when the following requirements are met:
1. That it had not been established private accusation and the Public Prosecutor's Office would have requested the opening of the oral trial and, as agreed by the judge on duty, he would have presented on the spot indictment.
2. That the facts that are the subject of the accusation have been classified as a crime punishable by up to three years in prison, with a fine regardless of the amount or with another penalty of a different nature whose duration does not exceed 10 years.
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3. That, in the case of a custodial sentence, the sentence requested or the sum of the sentences requested does not exceed, reduced by one third, two years of imprisonment.
2. Within the scope defined in the previous section, the court on duty will carry out the control of the conformity provided in the terms provided for in article 787 and, where appropriate, will orally dictate a sentence of conformity that will be documented in accordance with the provisions of section 2 of article 789, in which the requested sentence will be reduced by one third, even if it entails the imposition of a sentence lower than the minimum limit provided for in the Penal Code. If the prosecutor and the parties in person express their decision not to appeal, the judge, in the same act, will orally declare the finality of the sentence and, if the sentence imposed is custodial, will decide whether it should be suspended or replaced.
3. To agree, where appropriate, the suspension of the custodial sentence, for the purposes of the provisions of article 81.3. of the Penal Code, the commitment of the accused to satisfy the civil responsibilities that may have arisen in the reasonable period established by the court of duty. Likewise, in cases where, in accordance with article 87.1.1. of the Penal Code, sufficient certification by a duly accredited or approved public or private center or service is necessary that the accused is addicted or is undergoing treatment for that purpose. , the commitment of the accused to obtain said certification within the reasonable period of time established by the court on duty will be sufficient to accept the agreement and agree to the suspension of the custodial sentence.
4. Once a judgment has been issued in accordance with the actions referred to in section 2, the Judge on duty will decide what is appropriate regarding the release or entry into prison of the convicted person and will carry out the requirements that arise from it, sending the Secretary judicial then the proceedings together with the sentence drafted to the Criminal Court that corresponds, which will continue its execution.
5. If there is a private accuser in the case, the accused may, in his defense brief, agree with the most serious of the accusations as provided in the previous sections.
art 801 lecrim
This article from the Spanish LECRIM refers to the necessary requirements for the accused to give his consent before the duty court and dictate this conformity ruling.