Trial court

  Criminal law, crimes

He trial court It is a body that belongs to the Judiciary that knows the files related to criminal matters. The functions performed by this body are established in Organic Law 6/1985.

According to the Organic Law of the Judiciary (LOPJ), these courts are single-person bodies that have exclusive jurisdiction in criminal matters. The headquarters of the Courts are located in the main city of each municipality.

What is the trial court?

He trial court It is a one-person body that exercises functions in the criminal order. These functions are fulfilled in the territory of its competence called judicial party

The name of the judicial party will be the denomination of the municipality where its headquarters are located. These are judicial bodies that are closer to the citizens due to their powers and their location in the main cities of the judicial districts. 

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The performance of trial court In the criminal order, it is to investigate the crimes denounced and file complaints. It is also in charge of the investigation of crimes, which are prosecuted by the Criminal Courts or, depending on the case, by the Provincial Courts.

The characteristics, functions and powers of the investigating court are determined by various laws, including the following: The Organic Law of the Judiciary (LOPJ), Criminal Procedure Law (CLEr).

The regulations of the investigative courts are also in Law 23/2014, which is the Mutual Recognition of Criminal Resolutions in the European Union. The other is Regulation 1/2005 of the Judiciary, related to the guard service in the investigative courts.

Article 9 of the Organic Law of the Judiciary (LOPJ) establishes the seat of the Investigating Courts. This headquarters must be in the capital of each party and must have jurisdiction in its territorial scope.

How is the trial court made up?

He trial court It only has a judge, who is assisted by the following officials:

The Judicial Secretary, who belongs to the Body of Secretaries of the Administration of Justice, regulated by Royal Decree 1608/2005. This Royal Decree approves the Organic Regulation.

The forensic doctor, who must belong to a national body, his function is to assist in the administration of justice. In proceedings and in all cases where the services of his profession are needed, this in accordance with the provisions of the Criminal Procedure Law.

The agents, officials and auxiliaries belonging to the Administration of Justice.

Functions of the Investigating Courts

Article 87 of the Organic Law of the Judiciary establishes the functions of the Instruction Courts. These functions are the following:

It must instruct the causes for crime that the prosecution corresponds to the Criminal Courts and the Provincial Courts. The united that should not instruct the causes that its competence belongs to the Courts of Violence against Women.

The Court is empowered to pass sentence in accordance with the accusation in the cases determined by the Law. As established in the Article 801 of the Criminal Procedure Law (CLEr).

You can know and adjudicate in lawsuits related to minor crimes, also in the procedures of habeas corpus.

They are empowered to deal with resources against the resolutions imposed by the Justices of the Peace of the party.

They can deal with matters of competition between the Justices of the Peace of the party.

The Court is empowered to adopt the protection order for victims of gender violence. But only when it is fulfilling guard functions and that cannot be adopted by the Court of Violence against Women.

The main function of trial court is to carry out preliminary tasks for the purpose of preparing for trial. For which they must incorporate the exact data that allow the accusation to be formulated, but also avoid unfair trials.

Functions of the investigative courts on duty

Among the powers that the court has when it is on duty are:

Actions that cannot be postponed and urgent that are presented at the Civil Registry Office.

Denials or authorizations for organ transplants.

The actions that correspond to the Bodies of the administrative contentious jurisdiction, requested in non-business hours and days. But that require immediate judicial intervention.