The criminal procedure where a sentence is handed down within a maximum period of a month and a half is called Quick Judgment. The period begins to count from the moment in which the accused and made available to the Night Court.
The crimes that are prosecuted in this type of trial are those that are punishable by a prison sentence of less than 5 years. Any other crime is also prosecuted if the process begins with a police report and the duration of the sentence is not more than 10 years.
What is a speedy trial?
This is a criminal procedure that is applied to certain crimes so that they are prosecuted more quickly and in a simpler way. This type of process is regulated in article 795 et seq. of the Criminal Procedure Law (LECrim).
In it quick trial crimes are prosecuted that are punishable by imprisonment, but the sentence cannot be more than five years. But there are other crimes that the law allows to be prosecuted in this way but the penalty cannot exceed ten years.
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This type of criminal process allows cases to be prosecuted simply and more quickly. This process aims to speed up investigation and prosecution, and also seeks to reduce deadlines and procedures in the criminal process.
He quick trial It can be celebrated at any time, it can be a holiday or Sunday. This can be done because the procedure is carried out in a trial court to be on guard.
In which cases can a quick trial be carried out?
So that a matter can be processed through a quick trial certain circumstances established in the Criminal Procedure Law must be met. These circumstances are the following:
The trial must begin with a police report, which must contain all the information related to the facts. In addition, the report must contain the information of the accused and his situation if he has been summoned or arrested.
The punishment for the crime committed must be a maximum prison sentence of five years or some other crime in accordance with the law for which the penalty is not more than ten years.
The crime committed must be among those provided in article 795.2 of the Criminal Procedure Law.
The person accused of having committed the crime must have been summoned by a complaint or detained and placed at the disposal of the court on duty.
In the event that the act is punishable and there is a presumption that the instruction is simple.
What crimes can be prosecuted in a speedy trial?
Crimes that can be prosecuted in a quick trial are those established in article 795.1.2ª of the Criminal Procedure Law. These are the following:
The crime must be committed in flagrante delicto, these can be crimes of theft, of heist, crime of theft and theft of use of a car. vial security felonyAmong these types of crimes are: alcoholemia, reckless driving, refuse to submit to a breathalyzer test.
Crimes against people according to those established in article 173.2 of the Penal Code. Among them are: injuries, crimes of threats, coercion, psychological or physical violence committed against close people. These people are those provided for in article 173.2 of the Penal Code, among them are:
The spouse or person with whom you have an emotional relationship, even after the relationship has ended. This is considered a crime of gender violence.
Ascendants, descendants, siblings of the spouse or the person with whom they live.
People with disabilities or minors with whom they live.
The crimes established in the article 263 of the Penal Code, which are damages to other people's property.
Article 368 Penal Code establishes the Crimes against public health, among them are: the production, cultivation and trafficking of psychotropic substances, when the illegal consumption of these substances is facilitated, possessed or promoted.
Article 270 to 275 of the Penal Code establishes flagrant crimes committed against industrial and intellectual property.