He summary either summary judgment it's a abbreviated judicial procedure which applies to the prosecution of facts in which speed is required, or in minor cases, whether civil or criminal.
The cases are indicated by law and it must be taken into account that this word has other meanings depending on the legal field in which it is applied.
In it criminal law The summary is the first phase of an ordinary criminal process, which aims to provide data on the criminal act and its perpetrators.
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Definition and characteristics of summary judgment
The summary judgment is one in which the proceeding is briefly, dispensing with some of the formalities and procedures of the ordinary trial. Without embargo, does not imply impairment of the guarantees of audience and defense.
Summary judgment is one of the special processes recognized by the procedural law. Summary processes are those that are mainly aimed at protecting property rights, credit, eviction and contracts installment sale of movable property.
The summary name It arises as opposed to plenary, since in this type of trials special procedures are followed and there are limitations regarding the means of allegation and proof.
Their main features are:
- Orality prevails, although it begins with a written presentation.
- The means of proof that the parties can propose or practice are limited. The objective is to obtain greater speed in the processing of the procedural object.
- Concentration of acts: the evidence is presented together with the demand and the response.
- Limitation of the number of witnesses and experts.
- Suppression of non-essential acts.
- The defendant is not allowed to raise counterclaim.
- The judgment has no effect Juged thing, that is, after a summary trial, other processes can be opened on the same matter, in aspects that have not been addressed in the summary process. The reason is that full knowledge is not attributed to them as their object is limited.
This last characteristic is an essential difference with the other two types of procedures, namely: ordinary and special.
Causes of summary judgment
He Verbal judgment summary is intended for expressly provided for causes, listed throughout the Civil Procedure Law (LEC).
However, more and more attempts are made to avoid ordinary trial on a variety of topics related to modern life.
Summary trials in the Civil Procedure Law can be grouped into two large categories:
- Protection of real rights.
- Protection of credit rights.
Thus, some of the examples we found (some of them listed in article 250 of the LEC) are:
- Claims for non-payment of rent: their objective is to recover possession of the property given for lease.
- Possession of property resulting from a inheritance, if they did not have an owner or usufructuary.
- Guardianship for possession or possession of a thing or right to someone who has been stripped of it or prevented from enjoying it, by virtue of the reform of Law 5/2018.
- Suspension of new construction.
- Demolition or demolition of a work or object in a dilapidated state that threatens to cause damage.
- Effectiveness of real rights registered in Property Registries.
- Minor cases, when the cost of the trial is higher than the intended value.
- Payment by consignment.
- Condominium division, division of common things.
- Issues between co-owners.
- Litigation of party walls and cases arising due to neighborhoods.
- Obligation to grant public deed and resolution of purchase and sale contracts of estate.
- Damages derived from accidents caused by automobiles.
- Suspension of the exercise of parental authority and suspension and renewal of guardians.
- Cancellations of mortgages and pledges.
- Restitution of the thing given in bailment.
- Issues related to trademarks and trade names.
1. They will be decided in Verbal judgment, whatever their amount, the following demands:
5. Those that seek the court to resolve, on a summary basis, the suspension of a new work.
6. Those that seek the court to resolve, on a summary basis, the demolition or demolition of a work, building, tree, column or any other similar object in a state of ruin and that threatens to cause damage to the person who sues.
10. Those that seek the court to resolve, on a summary basis, the non-compliance by the buyer with the obligations derived from the contracts registered in the Registry of Installment Sale of Movable Property and formalized in the official model established for this purpose, in order to obtain a conviction that allows directing execution exclusively on the asset or assets acquired or financed in installments.
11. Those that seek the court to resolve, on a summary basis, the non-compliance with a contract of financial leasing, leasing of movable property, or an installment sale contract with reservation of ownership, provided that they are registered in the Registry of Installment Sale of Movable Property and formalized in the official model established for this purpose, through the exercise of an action exclusively aimed at obtaining the immediate delivery of the property to the lessor financial, to the lessor or to the seller or financier in the place indicated in the contract, after a declaration of its termination, if applicable.
Article 250.1 of the Civil Procedure Law
Summary procedure description
The procedure begins with a demand written. The court summons the parties to a conciliation hearing:
- If both parties attend, conciliation is called.
- If only the plaintiff attends, the court considers the procedures completed, ending the hearing and deciding whether or not to receive the case for proof.
For his part, the demanding may request provisional access to the claim with plausible grounds, and in a situation of rebellion of the defendant.
If the court provisionally agrees to the claim, the defendant may appeal or file opposition within 5 days, after which a new hearing must be scheduled.
The ruling must be issued within 10 days after the parties are summoned to hear the ruling. Said sentence can be appealed, but only for return purposes, that is, the resolution can be reviewed but without suspending its validity. execution.
On the other hand, the appeal It may have revolutive and suspensive effect if it was issued against the plaintiff:
- Definitive sentence.
- Replacement of the summary procedure with ordinary.
The summary in criminal law
In Criminal Law, The summary is the first phase of the entire process. It is made up of actions aimed at investigating the crime, its author, and the precautionary measures that ensure patrimonial responsibilities.
Consists of the collection of all data that provides information about the criminal act and its authors. The summary is a means for the preparation of the oral trial.
HE applies to crimes that have a prison sentence of more than 9 years, except for crimes that must be submitted to Jury Courts or are committed by persons over 14 years of age but under 18, cases in which other procedures govern.
The summary has three functions specific:
- Carry out acts of instruction, with the aim of finding out the pre-existence of the fact, its typicality and authorship.
- Adopt precautionary measures penalties.
- Provide civil precautionary measures.
Formally, it is composed of four pieces that perform these functions:
- Main piece. Its object is the investigation of crime. It ends with the order of conclusion of the summary.
- Personal situation piece. Its objective is to control the precautionary measures that may be taken in relation to the investigated person, for example, provisional prison.
- Piece of civil liability. It includes the measures aimed at guaranteeing civil liability derived from the crime.
- Subsidiary civil liability piece. It is initiated when a person other than the person under investigation could be required to repair the material damage resulting from the crime.
The summary is regulated by article 299 of the Criminal Procedure Law.
The summary constitutes the actions aimed at preparing the trial and carried out to find out and record the perpetration of the crimes with all the circumstances that may influence their classification and the guilt of the criminals, ensuring their persons and their pecuniary responsibilities.
It may be revoked in the next phase, in order to carry out new proceedings or whatever is necessary for the preparation of oral trial.