Misdemeanors and speedy trials
At Corujo & Jiménez Abogados we also assist you in those trials for minor offenses (formerly misdemeanor trials) and in speedy trials, exercising both the private prosecution and the defense.
Trials for minor offenses are held in those cases for which the Penal Code establishes a minor penalty:
- Deprivation of the right to drive motor vehicles and mopeds from three months to one year.
- Deprivation of the right to possess and carry firearms from three months to one year.
- Special disqualification for the exercise of professions, trades or commerce related to animals from three months to one year.
- Deprivation of the right to keep animals from three months to one year.
- Prohibition of approach to persons, for one to less than six months.
- Prohibition of communication with persons, for one month to less than six months.
- Fine of up to three months.
- Permanent localization from one day to three months.
- Works for the benefit of the community from one to thirty days.
The importance of this type of crime should not be overlooked, since in addition to the penalty that may be imposed, the imposition of the same implies the existence of a criminal record, which cannot be canceled until six months after the imposition of the penalty. Hence the need to have a lawyer specialized in criminal law to assist you from the first moment. In the office, we will provide a comprehensive service, preparing with the client the trial and its evidence and going to its celebration in order to seek and obtain a favorable sentence.
On the other hand, in the so-called Speedy Trials, it is required that the custodial sentence does not exceed five years with any other joint or alternative whose duration does not exceed ten years; that the criminal proceeding has begun by virtue of a police report; that the police force has detained a person and has placed him/her at the disposal of the duty court or, failing that, that the person has been summoned to appear before the Duty Court as a defendant in the police report.
In addition, at least one of these three circumstances must be present:
- That the crime is flagrant.
- It is a punishable act whose investigation is presumably simple.
- That the crime is included in article 795.1.2° of the Criminal Procedure Law, that is to say:
a) Crimes of injury, coercion, threats or habitual physical or psychological violence committed against persons referred to in Article 173.2 of the Criminal Code.
b) Theft offenses.
c) Theft offenses.
d) Theft and vehicle theft offenses.
e) Traffic safety offenses.
f) Damage offenses referred to in Article 263 of the Criminal Code.
g) Crimes against public health provided for in article 368, second paragraph, of the Criminal Code.
h) Flagrant offenses relating to intellectual and industrial property provided for in Articles 270, 273, 274 and 275 of the Criminal Code.
In short, those crimes in which it is not necessary to carry out investigative proceedings during the preliminary investigation phase, in which case the appropriate Preliminary Proceedings would be opened.