Spanish Criminal Procedure Act

Please note that the references made in this Act to the courts of first instance and investigation, of first instance, of the commercial, of investigation, of violence against women, of the criminal, of minors, of prison supervision, of the administrative, of the social, shall be understood to refer to the sections of the corresponding judicial order of the courts of instance; and the same consideration shall be given to the central courts with regard to the corresponding sections of the Central Court of Instance, as provided for in the first additional provision of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Please note that, as of 1 July 2015, the references contained in this law to "lacks" shall be understood to refer to "minor offences", as provided for in additional provision 2 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Also, from 1 October 2015, all references to judicial secretaries should be understood as being made to Lawyers of the Administration of Justice, as established in the first additional provision of Organic Law 7/2015, of 21 July. Ref. BOE-A-2015-8167

With effect from 3 July 2021, the references contained in this Law to the judicial authority or the Public Prosecutor's Office shall be deemed to have been made to the European Public Prosecutor's Office in respect of all those functions conferred on it by Council Regulation (EU) 2017/1939 of 12 October 2017, as set out in the first additional provision of Organic Law 9/2021 of 1 July. Ref. BOE-A-2021-10957

The first consolidated version, which is offered as original text, corresponds to that of 1 June 1997, although the original text was published in the Gazette of Madrid on 17 September 1882. Ref. BOE-A-1882-6036.

Bearing in mind the provisions of the Act of 11 February 1881 promulgated by the Royal Decree of 22 June 1882 authorizing my Government, subject to the rules of the Act, to hear, as it has done, the relevant section of the General Codification Commission, and on the basis of the General Compilation of 16 October 1879, to draft and publish a Spanish Criminal Procedure Act; in keeping with what was proposed by the Minister of Grace and Justice, in accordance with the opinion of my Council of Ministers.

I come to decree the following:

Article 1º.

The attached draft Code of Criminal Procedure, drawn up pursuant to the authorization granted to the Government by the Act adopted on 11 February 1881 and published by the Royal Decree of 22 June 1882, is approved.

Article 2º.

The new Code of Criminal Procedure will begin to govern in time and in the manner established by the following rules:

1.a It shall be applied and governed in its entirety from the day following the establishment of the courts referred to in the Act adopted on 15 June 1882 and promulgated by the Royal Decree of 22 June of the same year.

2.a. It shall apply and apply from the 15th of October next in the part concerning the formation of summaries, from Title IV of Book II to Art. 622 of Title XI of the same book.

3.a Cases for crimes committed prior to 15 October will continue to be dealt with in accordance with the provisions of the current procedure.

4.a If the cases referred to in the preceding rule have not reached the qualification period, they may be heard in accordance with the provisions of the new Code if all the accused in each of them choose the new procedure.

For this purpose, the judge who was hearing the case on 15 October next will bring all the defendants, accompanied by their defenders, to his presence. If they have not yet had them, they shall be appointed ex officio for the appearance. The case shall be recorded in the record.

5.a When the cases for offences committed after the next 15 October, and those referred to in the preceding rule, reach the stage of completion of the proceedings before the new criminal hearings have been set up, they shall be suspended in such a state in the courts which they understand, and shall be referred to the hearings on the same day as the hearings are set up.

6. The Criminal Chambers of the present Hearings shall hear, as long as the new hearings are constituted, the appeals that are made in the proceedings brought or continued in accordance with the provisions of the new Law.

Judges of first instance shall of course be regarded as investigating judges in cases in accordance with the new procedure.

Article 3º.

A Royal Decree shall fix, with due anticipation, the date on which the new Tribunals are to be established.

Article 4º.

Since the resignation of the current Promoters, the functions of the Public Prosecutor during the first instance shall be performed, in cases that continue to be conducted in accordance with the current procedure, by the municipal Prosecutors who are Counsel and, in the absence of them, by the Prosecutors of the Territorial Hearings.

Article 5º.

The Governing Chambers of the Supreme Court and the Hearings and, in due course, the new Courts shall consult directly with the Ministry of Grace and Justice for its resolution on any doubts which may arise from the intelligence and application of this Royal Decree.

Given in San Ildefonso on 14 September 1882.

ALFONSO

The Minister of Grace and Justice

MANUEL ALONSO MARTINEZ

CRIMINAL LAW OF JUSTICE

BOOK I

General provisions

TITLE I

Preliminary

Chapter I

General rules

Article 1.

No penalty shall be imposed for punishable acts punishable by ordinary jurisdiction, except in accordance with the provisions of this Code or of special laws and pursuant to a judgement handed down by a competent judge.

Article 2.

All the authorities and officials involved in criminal proceedings shall, within the limits of their respective competence, take care to record and assess the circumstances which are adverse and favourable to the alleged offender, and shall, in the absence of an express provision, be obliged to instruct him of his rights and of the remedies he may exercise until he is assisted by counsel.

Chapter II

Preliminary rulings

Article 3.

As a general rule, the jurisdiction of criminal justice tribunals extends to resolving, for the purposes of repression alone, the civil and administrative questions referred for a preliminary ruling on the grounds of the acts in question, where such questions appear so closely linked to the punishable act that their separation is rationally impossible.

Article 4.

If, however, the question referred for a preliminary ruling is a determining factor of guilt or innocence, the Criminal Court shall suspend the proceedings until the decision of the criminal court by whomever it is appropriate; but it may set a period, not exceeding two months, for the parties to come to the competent civil or administrative court or tribunal.

After the period of time has elapsed without the person concerned having demonstrated that he has used it, the judicial registrar shall, by diligence, suspend the proceedings and continue the proceedings.

In these trials, the Public Prosecutor ' s Office will be a party.

The second paragraph is amended by art. 2.1 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 5.

By way of derogation from the two preceding articles, the civil questions referred for a preliminary ruling, concerning the validity of a marriage or the abolition of civil status, shall always be referred to the judge or court hearing them, and their decision shall serve as the basis for that of the criminal court.

Article 6.

If the civil question referred for a preliminary ruling concerns the right of ownership in an immovable property or another real right, the Criminal Court may rule on the matter where such rights are based on an authentic title or on undisputed acts of possession.

Article 7.

The Criminal Court shall, respectively, be subject to the rules of civil or administrative law in the questions referred for a preliminary ruling under the preceding articles.

TITLE II

Jurisdiction of judges and tribunals in criminal matters

Chapter I

The rules by which competition is determined

Article 8.

Criminal jurisdiction is always non-prorogable.

Article 9.

Judges and tribunals having jurisdiction to hear a particular case shall also have jurisdiction to hear all cases, to give effect to orders for the processing and enforcement of judgements, without prejudice to article 801.

It is amended by additional provision 3.1 of Law 38/2002 of 24 October. Ref. BOE-A-2002-20823.

Article 10.

The ordinary jurisdiction shall have jurisdiction over criminal cases and trials, with the exception of cases reserved by law to the Senate, the War and Marine Courts and the administrative or police authorities.

Article 11.

Cases involving offences involving both persons subject to ordinary and other legal proceedings shall be brought before the ordinary court, with the exception of the exceptions expressly provided for in the Laws with regard to the jurisdiction of another jurisdiction.

Article 12.

However, in accordance with the provisions of the preceding article, ordinary jurisdiction shall always be competent to prevent cases for offences committed by the accused.

This competence shall be limited to conducting initial proceedings, which shall be completed and the ordinary jurisdiction shall refer the proceedings to the judge or court hearing the case under the laws, and shall make available to the detainees and the effects occupied.

The ordinary jurisdiction shall cease in the first proceedings as soon as it is established that the special competent authority is conducting proceedings in respect of the same offence.

Inhibition orders of this kind issued by the investigating judges of the ordinary jurisdiction are subject to appeal before the respective High Court.

As long as the appeal is heard and decided, the second paragraph of Article 22 shall be complied with, for the purpose of which the relevant testimony shall be transmitted for the purpose of the appeal.

Article 13.

The first steps are to record the evidence of the offence that may disappear, to collect and place in custody as soon as it leads to its verification and identification of the offender, to arrest, where appropriate, those alleged to be responsible for the offence and to protect those offended or harmed by the offence, their relatives or other persons, or to prevent the recurrence of the offence, and the precautionary measures referred to in article 544 bis or the protection order provided for in article 544 ter of this law may be agreed to that effect.

In the investigation of offences committed through the Internet, telephone or any other information or communication technology, the court may, as first steps, ex officio or at the request of a party, agree on precautionary measures consisting of the provisional withdrawal of illegal content, the provisional interruption of services offering such content or the provisional blocking of both when they are residing abroad.

It is amended by art. 1.1 of Organic Law 1/2026 of 8 April. Ref. BOE-A-2026-7966

A second paragraph, with effect from 7 October 2022, is added by final provision 1.1 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

It is amended by art. 1 of Law 27/2003 of 31 July. Ref. BOE-A-2003-15411.

It is amended by art. 3.1 of Organic Law 14/1999 of 9 June. Ref. BOE-A-1999-12907.

Article 14.

Other than those cases which they expressly and narrowly attribute the Constitution and the laws to certain Judges and Courts, shall be competent:

1. For the knowledge and judgement of trials for minor offences, the Pre-Trial Section of the Courts of Instance, except in the case of sections with jurisdiction over violence against women or violence against children and adolescents in accordance with numbers 5 and 6 of this article.

2. For the purposes of the investigation of cases, the Investigation Section of the Court of Instance of the party in which the offence was committed, or the Sections of the Court of Instance with jurisdiction over violence against women or violence against children and adolescents, or the Central Investigating Judge in respect of offences determined by law.

3. For the purpose of hearing and ruling cases for offences to which the law prescribes a custodial sentence of not more than five years or a fine of whatever kind, or any other offence of any kind, whether unique, joint or alternative, provided that the duration of such offences does not exceed 10 years, as well as for minor offences, whether incidental or not, attributable to the perpetrators of such offences or to other persons, where the commission of the minor offence or their evidence is related to such offences, the Criminal Section of the Court of Instance of the district where the offence was committed, or sections with jurisdiction for the prosecution of violence against women or violence against children and adolescents, where applicable, or the Central Criminal Judge in the area of his or her own, without prejudice to the competence of the Investigation Section of the Court of Instance with jurisdiction over the place of the commission of the offence to issue a sentence of conformity, or sections with jurisdiction in the investigation of violence against women or violence against children and adolescents competent, where appropriate, under the terms of article 801, as well as the Courts of Appeal for the determination of cases.

However, for offences covered by Title VIII of Book II of the Penal Codefor the sole purpose of determining jurisdiction for prosecution, only imprisonment or fine shall be taken into account, by the Criminal Division of the Court of Instance of the district where the offence was committed, or by the Sections of the Courts of Instance with jurisdiction over violence against women or violence against children and adolescents of the district of the Pre-Trial Sections of the Courts of Instance with jurisdiction over such offences, where appropriate, the knowledge and judgement of offences for which the law prescribes a custodial sentence of not more than five years or a fine of no more than five years.

4. For the purposes of hearing and ruling on cases in other cases, the Provincial High Court of the district where the offence was committed, or the Provincial High Court of the district of the Court of Violence on Women, if any, or the Criminal Division of the National High Court.

However, in cases where the Provincial High Court has jurisdiction, if the offence is one of those attributed to the Jury Court, the knowledge and judgement shall be the responsibility of the Court.

5. Sections of the Courts of Instance with jurisdiction over violence against women shall be:

(a) The investigation of criminal liability proceedings for offences under the titles of the Spanish Criminal Code concerning homicide, abortion, injury, injury to the foetus, offences against liberty, offences against moral integrity, against sexual freedom and compensation, against privacy and the right to self-image, against honour or any other crime committed with violence or intimidation, provided that they were committed against anyone who is or has been his wife, or a woman who is or has been linked to the perpetrator for similar relationship of affectivity, even without cohabitation, as well as those committed on the descendants, whether of the wife or of the cohabitant, or on minors or persons with disabilities who live with him or who are subject to the power, guardianship, guardianship, foster care or de facto care of the wife or cohabitant, where there has also been an act of gender violence.

(b) The investigation of proceedings for criminal liability for any offence against family relations, where the victim is one of the persons mentioned in the preceding paragraph.

(c) The adoption of appropriate protection orders for victims, without prejudice to the powers conferred on the judge on duty.

(d) The knowledge and judgement of the minor offences attributed to them by law, when the victim is one of the persons mentioned as such under (a).

(e) To render a judgement in accordance with the indictment in cases established by law.

(f) The issuance and enforcement of instruments for the mutual recognition of criminal decisions in the European Union under the law.

(g) The investigation of proceedings for criminal liability for the offence of breach envisaged and punished in the Article 468 of the Criminal Code where the person offended by the offence whose conviction, precautionary measure or security measure has been violated is or has been his wife, or a woman who is or has been linked to the perpetrator for a similar relationship of affection even without cohabitation, as well as the descendants, whether of the wife or cohabitant, or of minors or persons with disabilities with support measures that coexist with him or who are subject to the power, guardianship, curatorship, foster care or de facto care of the wife or cohabitant, as well as where the injured person is affected by any of the offences referred to in point (h) of this subparagraph.

(h) The investigation of proceedings for criminal liability for offences against sexual freedom under the Title VIII of Book II of the Penal Codefor the offences of female genital mutilation, forced marriage, sexual harassment and trafficking for the purpose of sexual exploitation, where the person offended by the offence is a woman.

6. The sections on violence against children and adolescents shall be dealt with in criminal proceedings in accordance with the procedures and remedies provided for in the Spanish Criminal Procedure Actthe investigation of proceedings for criminal liability for offences covered by the titles of the Spanish Criminal Code concerning:

(a) Homicide, abortion, injury, injury to the foetus, committed against children and adolescents.

(b) Offences against liberty, the offence of torture and moral integrity, offences against privacy, the right to self-image and inviolability of the home, offences against liberty, crimes against honour, offences against family relations, or any other offence committed with violence or intimidation, when the victim is a child or adolescent.

(c) Trafficking in human beings Article 177 bis of the Criminal Code at least one of the victims is a child or adolescent.

(d) The investigation of proceedings for criminal liability for the offence of breach envisaged and punished in the Article 468 of the Criminal Code if the person offended by the offence whose conviction, protective measure or security measure has been breached is a child or adolescent.

The sections on violence against children and adolescents shall also be competent to:

(a) The adoption of legal precautionary measures to ensure the protection of minor victims, without prejudice to the powers conferred on the judge on duty;

(b) The knowledge and judgement of minor offences attributed to them by law when the victim is a child or adolescent.

(c) To render a judgement in accordance with the indictment in cases established by law.

(d) The issuance and enforcement of instruments for the mutual recognition of criminal decisions in the European Union under the law.

7. If the facts under investigation by the Section on Violence against Children and Adolescents could also be known to the Section on Violence against Women, the latter would in any event fall within the competence of the Section.

It is amended by art. 20.1 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Please note that this amendment enters into force on 3 October 2025, as set out in its final provision 38.3

Paragraph 3 is amended by final provision 1 of Organic Law 4/2023 of 27 April. Ref. BOE-A-2023-10213

It should be noted that this amendment shall apply to proceedings pending the entry into force of the above-mentioned organic law unless an order for the opening of an oral trial has already been issued, as provided for in transitional provision 4 of the said law.

Paragraph 3 is amended by the sole article 1 of Law 41/2015 of 5 October. Ref. BOE-A-2015-10726.

Paragraphs 1 and 5 (d) are amended by final provision 2.1 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by art. 58 of Organic Law 1/2004 of 28 December. Ref. BOE-A-2004-21760.

Paragraph 3 is amended by additional provision 3.2 of Law 38/2002 of 24 October. Ref. BOE-A-2002-20823.

Paragraph 1 is amended by Article 3.2 of Organic Law 14/1999 of 9 June. Ref. BOE-A-1999-12907.

Paragraphs 1 and 3 are amended by Article 1 and 2 of Law 36/1998 of 10 November. Ref. BOE-A-1998-25933.

The single transitional provision should be taken into account for its application.

Article 14 bis.

Where, in accordance with the provisions of the preceding article, the knowledge and judgement of a case for an offence depends on the gravity of the penalty prescribed by law, the penalty provided for by law for the natural person shall in any event be met, even if the proceedings are directed exclusively against a legal person.

It is added by art. 1.1 of Law 37/2011 of 10 October. Ref. BOE-A-2011-15937.

Added text, published 11/10/2011, in force from 31/10/2011.

Article 15.

Where the place where a misdemeanour or offence has been committed is not recorded, the following shall be competent judges and tribunals, where appropriate, to hear the case or trial:

1. The term municipal, party or district in which material evidence of the offence has been discovered.

2. The term municipal, party or district in which the alleged offender has been apprehended.

3rd of the residence of the suspect.

4. Anyone who had heard of the crime.

If jurisdiction is raised between these Judges or Tribunals, it shall be decided by giving preference to the order in which they are expressed in the numbers above.

As soon as the place where the offence was committed has been established, the judge or court hearing the case shall agree to the suspension in favour of the competent person, making the detainees available to him or her, and agreeing to refer the proceedings and effects to the same decision.

The last paragraph is amended by art. 2.2 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 15 bis.

In the case of some of the offences or misdemeanours whose investigation or knowledge falls to the Judge for Violence over Women, the territorial jurisdiction shall be determined by the place of the victim ' s domicile, without prejudice to the adoption of the protection order, or urgent measures under article 13 of this Law that the Judge may take at the place where the acts are committed.

It is added by art. 59 of Organic Law 1/2004 of 28 December.Ref. BOE-A-2004-21760.

Text added, published on 29/12/2004, in force from 28/01/2005.

Article 16.

The ordinary jurisdiction shall be competent to try the accused of related offences, provided that any person is subject to it, even if the others are subject to it.

The provisions of the preceding paragraph are without prejudice to the exceptions expressly provided for in this Code or in special laws, and in particular in the Criminal Laws of War and Navy, with respect to certain offences.

Article 17.

1. Each offence will lead to the formation of a single case.

However, related offences will be investigated and prosecuted in the same case when the investigation and evidence as a whole is suitable for clarification and for the determination of the appropriate responsibilities unless it involves excessive complexity or delay in the process.

2. For the purposes of the attribution of jurisdiction and the distribution of jurisdiction, the following are considered related offences:

1. Those committed by two or more persons assembled.

2. Those committed by two or more persons in different places or times if they had preceded concert for it.

3. The commission as a means of perpetrating or facilitating the execution of others.

4. Tasks to ensure impunity for other crimes.

5. The offences of real and personal favour and money-laundering in respect of the previous offence.

6. The acts committed by various persons when they cause injury or damage to one another.

3. Crimes that are not related but committed by the same person and have an analogy or relationship with each other, where they fall within the competence of the same judicial body, may be prosecuted in the same case, at the request of the Public Prosecutor, if the investigation and the evidence as a whole are suitable for their clarification and for the determination of the responsibilities that accrue, unless it involves excessive complexity or delay in the process.

It is amended by article 2 of Law 41/2015 of 5 October. Ref. BOE-A-2015-10726.

Article 17 bis.

The jurisdiction of the Courts for Violence against Women shall extend to the investigation and knowledge of related offences and offences provided that the connection originates from any of the cases provided for in points 3 and 4 of article 17 of this Law.

It is added by art. 60 of Organic Law 1/2004 of 28 December. Ref. BOE-A-2004-21760.

Text added, published on 29/12/2004, in force from 28/01/2005.

Article 18.

1. Judges and courts are competent, by order, to hear cases for related offences:

1. The territory in which the offence is committed to which the penalty is specified shall be greater.

2. The person who first initiates the case in the event that the offences are punishable equally.

3. If the Court of Criminal Matters or the Supreme Court in their respective cases designates, when the cases have started at the same time, or if it does not state which one began first.

2. Notwithstanding the foregoing, it shall have jurisdiction to deal with related offences committed by two or more persons in different places, if a prior agreement has been reached for this purpose, in preference to those referred to in the preceding paragraph, the judge or court of the judicial party which is the seat of the corresponding Provincial High Court, provided that the various offences have been committed in the territory of the same province and at least one of them has been committed within the judicial party which is the seat of the corresponding Provincial High Court.

Paragraph 2 is added and the existing content is numbered as paragraph 1 by final provision 1.2 (a) of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538.

Chapter II

Questions of jurisdiction between ordinary Judges and Courts

Article 19.

They may promote and sustain competition by:

1. The Municipal Judges at any stage of the trial, and the parties from the summons to the act of the appearance.

2nd Pre-trial Judges during the proceedings.

3rd The Hearings of the Criminal during the Trial.

4. The Public Prosecutor ' s Office in any state of the case.

5. The individual prosecutor before making his first petition after being in person in the case.

6. The accused and the civil party, already listed as the perpetrator, are already responsible within three days of being informed of the case for qualification.

Article 20.

They are superiors to resolve questions of competence, in the form to be determined by the following articles:

1o The municipal judges of the same party, the instructional judge.

2nd of the investigating judges of the same district, the hearing of criminal cases.

3rd of the Criminal Hearings of the same territory, the Full Territorial Hearing.

4th Territorial Courts, or where the jurisdiction is between a Criminal Court and the Criminal Division of a Territorial Court, the Supreme Court.

Where any of the Judges or Courts referred to in Numbers 1, 2 and 3 do not have a common immediate superior, jurisdiction shall be decided by the judge in the hierarchical order, and, in the absence of the latter, by the Supreme Court.

Article 21.

The Supreme Court may not form or promote jurisdiction and no judge, court or party may promote jurisdiction against it.

If a judge or court hears a case the Supreme Court has reserved for it, the Supreme Court shall order the Supreme Court, ex officio, at the request of the Public Prosecutor ' s Office or at the request of a party, to refrain from any proceedings and to refer the case file to the Court on the second day, for its hearing, to decide.

The Supreme Court may, however, authorize, in the same order and as long as it rules on jurisdiction, the continuation of such proceedings as are clearly urgent or necessary.

There is no appeal against the decision of the Supreme Court.

Article 22.

Where two or more investigating judges are competent to act in a case, if the first communication is not agreed on jurisdiction, they shall have their testimony referred to the competent superior; the competent superior shall, at his or her hearing, decide on the basis and without further recourse which of the investigating judges shall act.

Until such time as a decision is taken, each of the investigating judges shall continue to carry out the necessary steps to verify the offence and any other measures deemed to be of recognized urgency.

In the course of the dispute by the superior to whom he is responsible, the judicial secretary of the examining magistrate's court who ceases to act shall transmit the proceedings and the items collected to the person declared competent within the second day from which he receives the order from the superior to cease to know.

The third paragraph is amended by art. 2.3 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 23.

If, during the investigation or at any stage of the investigation of criminal proceedings, the Public Prosecutor ' s Office or any of the parties understood that the investigating judge did not have the competence to take action in the case, they may file a complaint with the higher court of the person concerned, which, after having obtained such reports as they deem necessary, shall rule on the matter without further appeal.

In any event, the second paragraph of the preceding article shall be complied with.

Article 24.

After the summary has been completed, any question of competence promoted shall suspend the proceedings until the decision of the proceedings.

Article 25.

The judge or court that considers itself competent shall promote jurisdiction.

It shall also agree to stay the case in favour of the competent judge or court if it considers that it is not for the competent judge or court to hear the case, even if the complaint of the persons concerned or the Public Prosecutor has not been made in advance.

As long as no final judicial decision is taken definitively resolving the matter promoted or accepting jurisdiction, the investigating judge who agrees to the inhibition in favour of another of the same kind will continue to carry out all the necessary steps to verify the offence, to find out and identify the possible perpetrators and to protect those offended or harmed by it. To that end, the decision initially agreed upon by the inhibition shall express this circumstance and shall be accompanied by only testimony of the proceedings. The original order and the evidence of conviction shall be transmitted by the Registrar to the competent judge, who shall rule on the matter or have jurisdiction accepted by a final decision.

Orders issued by the municipal or investigating judges in favour of another judge or jurisdiction shall be subject to appeal, in which case the provisions of the last paragraph of article 12 shall be observed. An appeal may be lodged against those of the Hearings.

The third paragraph is amended by art. 2.4 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

The third paragraph is added and the third paragraph is replaced by the last paragraph by final provision 1.2.b of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538.

Article 26.

The Public Prosecutor's Office and the parties shall promote powers by inhibition or decline.

The use of one of these means completely excludes that of the other, as well as during the conduct of competition as once it is completed.

Inhibition shall be proposed before the competent judge or court.

Declination, before the judge or court that is incompetent.

Article 27.

The municipal judge before whom the injunction is proposed, hearing the public prosecutor if the public prosecutor has not proposed it, shall decide within the second day whether or not the injunction is necessary.

The order refusing an application is appealable in both cases to the investigating judge.

Article 28.

If the municipal judge considers that the order for inhibition is necessary, he shall order it to be carried out by means of his own motion, in which he shall state the grounds for his order.

The trade will be forwarded within 24 hours.

Article 29.

The municipal judge requested to be restrained, hearing the prosecutor, shall decide within the second day if he or she fails to hear or retains his or her jurisdiction.

In the first case, it shall, within 24 hours, forward the proceedings to the requesting judge.

If it retains its competence, it shall notify it within the same period of time, stating the grounds for its decision.

Article 30.

The applicant shall, without further formalities, and within twenty-four hours, declare the order if he insists on jurisdiction or departs from it.

In the first case, he shall participate on the same day with the judge requested to refer the proceedings to the judge or court to determine the jurisdiction, in accordance with Article 20, by forwarding his case to him within 24 hours.

In the second case, he shall participate in the same period of time before the judge requested so that he may continue to be heard.

Orders issued by the requested Judges in the form of a waiver shall be subject to appeal to the investigating judge. It shall also be the order of the applicants for refusal of inhibition.

Article 31.

After receiving the proceedings in the court or tribunal called to rule on jurisdiction and after hearing the Prosecutor on the second day, the Prosecutor shall decide on the matter within three days of the removal by the Public Prosecutor.

An appeal shall be lodged against the decision of the Court or Hearing.

There is no appeal against the Supreme Court's ruling.

Article 32.

If he proposes to decline before a municipal judge, he shall decide the latter within the second day, hearing the Prosecutor in advance as to whether or not to agree to the suspension.

An order refusing the stay is appealable in both respects to the court to which the jurisdiction is to be decided, which shall hear the appeal in the manner provided for in the first paragraph of the preceding article.

An appeal shall be lodged against the decision of the Court of Cassation.

Article 33.

The prohibition before the courts of criminal matters shall be proposed in writing with the signature of the Counsel.

He shall state in the letter that he who proposes that he has not employed the declination. If the contrary is found, he shall be ordered to pay costs, even if the jurisdiction is decided on his behalf or if he abandons it thereafter.

Article 34.

The Registrar of the Tribunal before whom the injunction is proposed shall forward, for a period of one or two days, depending on the volume of the case, to the Public Prosecutor's Office, if the latter has not proposed it, as well as to the other parties in the case that may be at the same time being heard by the Court to whom the order has been filed and, at its hearing, the Court shall, within two days, order or declare that there is no place for the order to be made.

It is amended by art. 2.5 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 35.

An appeal shall be lodged only against the order refusing the injunction.

Article 36.

The injunction shall be accompanied by testimony: The letter in which it was requested, the statement made by the Public Prosecutor ' s Office and the parties, if any, to the order issued and any other evidence which the Court considers to be conducive to establishing its jurisdiction.

The testimony shall be extended and transmitted within a period of one to three days, depending on the volume of the case.

Article 37.

The Registrar of the requested Tribunal shall immediately acknowledge receipt and transmit to the Public Prosecutor, the individual prosecutor, if any, those referred to in articles 118 and 520 who have been brought before him and those who appear as a civil party, for a period not exceeding 24 hours each, after which the Court shall issue an order refusing or declaring that it has not done so.

No appeal shall be lodged against the order in which the Court is not to be refused except the order in which the appeal is to be dismissed.

The first paragraph is amended by Article 1. 2.6 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 38.

Consent or enforceability of the order in which the Tribunal has been refused, the case shall be referred by the Registrar within three days to the Tribunal which has proposed the injunction, on the basis of the parties and making available to the parties, material evidence of the offence and seized property.

It is amended by art. 2.7 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 39.

If the order is refused, the order shall be communicated to the requesting Court, with testimony of the prosecution and the parties and of all other considerations that may be taken into consideration.

The testimony shall be issued and transmitted within three days.

The order for referral shall require the requesting Court to reply immediately to continue to act if it does not insist on the inhibition, or in another case to refer the case to the person concerned for the purpose of deciding jurisdiction.

Article 40.

Having received the order set out in the preceding article, the court which proposed the prohibition shall without further delay issue an order within the second day.

Only the appeal shall be brought against the self-dismissal of the inhibition.

Article 41.

Consent or enforcement of the order in which the Court desists from the prohibition shall inform the person requested of the injunction within twenty-four hours, while forwarding to him all the acts for his union to the case.

Article 42.

If the requesting Tribunal retains its jurisdiction, it shall inform the requested person within twenty-four hours of the request for a stay of proceedings to refer the case to the court to which the decision relates, and shall inform him of the action taken before it.

Article 43.

The powers shall be decided by the Court within three days of the opinion of the Public Prosecutor's Office, which shall be evacuated on the second day.

An appeal shall be lodged against these orders, when they come from the Territorial Courts.

There is no appeal against those pronounced by the Supreme Court.

Article 44.

The court ruling on jurisdiction may order the parties who held or challenged it with a clear recklessness to pay the costs caused by the prohibition, determining the extent to which they are to pay them.

Where it does not make a special award of costs, those caused by competition shall be deemed to be ex officio.

The third paragraph is repealed by the sole derogation provision.3 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612.

Article 45.

Declinations shall be considered as articles of pre-emption.

Chapter III

Negative powers and those promoted by special judges or tribunals, and complaints against administrative authorities

Article 46.

Where the question of jurisdiction between two or more judges or tribunals is a negative one on the ground that they all refuse to hear the case, it shall be decided by the Judge or High Court and, where appropriate, by the Supreme Court, following the same procedures prescribed for the other powers.

Article 47.

In the case of negative jurisdiction between ordinary and privileged jurisdiction, the ordinary jurisdiction shall begin or continue the case.

Arts. 48-50.

(Repealed)

They are repealed by Organic Law 2/1987 of 18 May. Ref. BOE-A-1987-12077.

Article 51.

(Repealed)

It is repealed by the Act of 17 July 1948. Ref. BOE-A-1948-07492.

TITLE III

Recusals and excuses of judges, judges, advisers and auxiliaries of courts and tribunals and the abstention of the prosecution

Chapter I

General provisions

Article 52.

Judges, judges and advisers, whatever their rank and rank, may be challenged only on legitimate grounds.

Article 53.

They may only challenge in criminal business:

The representative of the Public Prosecutor's Office.

The individual accuser or those legally representing his or her actions and rights.

Persons in the situation of articles 118 and 520.

Those who are civilly responsible for crime or misdemeanour.

Article 54.

Abstention and disqualification shall be governed, as regards their causes, by Organization of the Judiciary Actand as regards the procedure, as provided for in Civil Procedure Act.

It is amended by final provision 12.1 of Act 1/2000 of 7 January. Ref. BOE-A-2000-323.

Article 55.

Judges covered by any of the cases set out in the preceding article shall refrain from hearing the case without waiting for their dismissal. There will be no recourse against this inhibition.

They shall likewise be prohibited, without any remedy, if, on being challenged in any form, they consider the case to be appropriate. In both cases, they will send the errands through to replace them.

Article 56.

The challenge must be proposed as soon as the case in which it is founded is known, otherwise it will not be admissible. In particular, the challenges shall be dismissed:

1. If they do not intend to appear or intervene for the first time in the proceedings, in any of its stages, if the knowledge of the concurring of the cause of challenge is prior to the cause of challenge.

2. When the proceedings are already initiated, if the ground of challenge was known before the time of the proceedings at which the challenge is proposed.

It is amended by final provision 12.2 of Act 1/2000 of 7 January. Ref. BOE-A-2000-323.

Chapter II

Examining the challenges of investigating judges and magistrates

Article 57.

The challenge shall be made in writing signed by the Counsel, by the Prosecutor and by the challenger if he knows to sign and stay in the place of the case. The latter shall be ratified before the judge or court.

When the challenger is not present, they will sign only the Counsel and the Prosecutor. In any event, the reason for the challenge shall be clearly and clearly expressed in the letter.

Article 58.

Notwithstanding the provisions of the preceding article, the accused may, if he is held incommunicado, make an oral objection in the event of receiving a statement or may call the judge through the warden of the prison to challenge him.

In such a case, the examining magistrate must present himself with the Registrar, who shall record by diligence the request for challenge and the case on which it is based.

When the challenge is denied, he shall be advised that he may reproduce it once incommunicado.

Article 59.

The order admitting or refusing the challenge shall be well founded and it shall suffice to notify the Public Prosecutor of the challengeer, even if the challengeer is in the village where the case is being pursued and the challenge letter has been signed.

Article 60.

Where the challenge is not inhibited because it is not considered to be part of the challenge case, it shall be ordered to form a separate part.

This will contain the original disqualification and the refusal of inhibition, leaving an expressive note of both in the process.

Article 61.

The challenge shall not be involved in the case or in the challenge incident during the conduct of the separate part and shall be replaced by the person to whom it relates under the Act.

If the accused is an investigating judge, the latter must, however, under his responsibility, carry out those urgent measures which cannot be deferred while his successor is in charge of continuing the investigation.

Article 62.

The challenge will not stop the course of the case. Except in cases where the challenge incident has not been decided when the parties are summoned for the hearing of any issue or incident or for the conduct of the oral trial.

Article 63.

They will instil in the recuse incidents:

(a) When the challenged person is the President or one or more judges of the Criminal Division of the Supreme Court, of the Criminal Division of the High Courts, or of the Criminal Chamber of the National High Court, a Judge of the Chamber to which the challenged person belongs, appointed on the basis of a shift established by order of seniority.

(b) Where the challenged person is the President or one or more Magistrates of a Provincial High Court, a Judge of a section other than that to which the challenged person belongs, appointed by a shift established by order of seniority. If there is only one section, the procedure laid down in the second paragraph of Article 107 of the Treaty shall apply. Civil Procedure Act.

(c) When all the judges of a Chamber of Justice are challenged, the judge who is responsible for the seniority of those who are members of the relevant Tribunal, provided that he is not affected by the challenge, and if all the judges who are members of the relevant Chamber of the Tribunal are challenged, a judge appointed by lot from among all the members of courts of the same territorial area belonging to the other jurisdictional orders.

(d) When a Central Criminal Judge or a Central Investigating Judge is challenged, a Magistrate of the Criminal Division of the National High Court, appointed on a shift established by order of seniority.

(e) When the challenged person is a Pre-Trial Judge or a Criminal Judge, a Magistrate of the relevant Provincial High Court, appointed on the basis of a shift established by order of seniority.

(f) Where the accused is a Justice of the Peace, the examining magistrate of the party concerned or, if there are several examining magistrates, the examining magistrate appointed on the basis of a shift established by an order of seniority.

It is amended by final provision 12.3 of Act 1/2000 of 7 January. Ref. BOE-A-2000-323.

Article 64.

When the separate part is formed, the other or other parties to the case shall be heard for a term of three days each, which may be extended by two days only if the Tribunal considers that there is a just cause for doing so.

Article 65.

After the term referred to in the preceding article, with the extension if necessary, and the case collected without the need for a request by the challenger, the challenge incident shall be given to the test, if the matter is in fact, for eight days, during which the case which has been requested by the parties and admitted as relevant shall be carried out.

Article 66.

No further appeal shall be made against an order in which the Hearings or the Supreme Court admit or refuse evidence.

Article 67.

Where the question of law has not been proved, or where the term given in article 65 has passed, the parties shall be summoned to the hearing on a day ' s notice.

Article 68.

They will decide on the incidents of recusal:

(a) The Chamber envisaged in the Article 61 of the Organic Law on the Judiciary where the challenged person is the Chief Justice or the President of the Criminal Chamber or two or more of the Judges of the said Chamber.

(b) The Criminal Division of the Supreme Court, when one of the judges of the Supreme Court is challenged.

(c) The Chamber referred to in Article 77 of the Organic Law on the Judiciarywhere the President of the High Court of Justice, the President of the Civil and Criminal Division of the High Court or the President of the Provincial High Court based in the Autonomous Community or two or more Judges of a Chamber or Section or of a Provincial High Court have been challenged.

(d) The Chamber referred to in Article 69 of the Organic Law on the Judiciarywhere the President of the National High Court, the President of his Criminal Division or more than two judges of a section of that Chamber have been challenged.

(e) The Criminal Division of the National High Court, when one or two of the judges are challenged.

(f) The Civil and Criminal Division of the High Courts of Justice, when one of its judges is challenged.

(g) Where the challenged person is a Judge of a Provincial High Court, the full Provincial High Court or, if the latter is composed of two or more sections, the Section in which the challenged person is not integrated or the Section in numerical order followed by the section in which the challenged person is a party.

(h) When a Central Judge is challenged, a challenge shall be decided by the Section of the Criminal Division of the National High Court, established by the Governing Chamber of the High Court, which shall be established in turn, excluding the section to which it is directed to hear appeals from the Court of which the challenge is held.

(i) Where the accused is a criminal or investigative judge, the Provincial High Court or, if the latter is composed of two or more sections, the Second Section.

(j) When the challenged person is a Justice of the Peace, the same investigating judge shall decide on the challenge incident.

It is amended by final provision 12.4 of Act 1/2000 of 7 January. Ref. BOE-A-2000-323.

Article 69.

Any order declaring that there is a place for disqualification will always be founded.

An appeal shall be lodged against an order issued by the Hearings only on appeal.

There will be no appeal against the Supreme Court.

Article 70.

In orders refusing the challenge, the person who promoted the challenge shall be ordered to pay the costs. If it is found that he has acted with recklessness or bad faith, he shall also be fined 200 to 2,000 pesetas, when the accused is an investigating judge; 500 to 2,500 pesetas, when he is a judge of the High Court; and 1,000 to 5,000 pesetas, if he is a judge of the Supreme Court.

The Public Prosecutor ' s Office is exempt from the imposition of costs and fines.

Article 71.

Where the fines referred to in the preceding article are not paid, the fine shall be subject to the corresponding personal liability, by way of substitution and constraint, in the terms laid down for criminal cases. Spanish Criminal Code.

Chapter III

On the substantiation of the challenges of the Municipal Judges

Article 72.

In misdemeanour trials, a challenge shall be proposed in the same act as the appearance.

Article 73.

In view of the challenge, if the case in question is one of the cases set out in article 54 and true, the municipal judge shall be held to have been challenged, and shall be informed of the offence to his alternate.

Article 74.

Where the challengeee does not consider the challenge to be lawful, he shall pass the knowledge of the incident to his alternate, and shall record it in the record.

Neither in this case nor in the case of the previous article is there any appeal against the decision of the municipal judge.

Article 75.

The contested municipal judge may not intervene in the conduct of the challenge piece and the trial of misdemeanours shall be suspended until it is decided.

Article 76.

The Deputy Judge in charge of substantiating the challenge piece shall bring the parties to his presence, and in the same act he shall receive the evidence they offer and agree to it when the matter is dealt with.

The refusal of proof may be sought in the event of making the parties known.

Article 77.

If the evidence has been received or if the question of law is not necessary, the deputy municipal judge shall decide whether or not the challenge has been made in a reasoned order and in the same act if possible. Under no circumstances will he stop doing so within the second day. The act and the order shall be mentioned in the minutes.

If he dismisses the challenge, he shall impose on the challengeer the costs and a fine of 25 to 100 pesetas with the subsidiary personal liability set out in article 71.

The fine shall apply in this case to the provisions of the second paragraph of Article 70.

Article 78.

No appeal shall be lodged against the decision of the alternate judge stating that the challenge has been made.

Against the order in which it is denied, there will be an appeal to the investigating judge.

Article 79.

The appeal shall be made orally at the time of the appearance before the same Deputy Municipal Judge, if the latter decides at the time.

If the decision uses the second day term, the appeal shall be lodged in the act of notification itself, provided that it is personal, and if not within 24 hours of notification. The appeal in this case shall also be made orally to the Registrar of the Court and shall be recorded by diligence.

Article 80.

Where no appeal is made within the terms set out in the preceding article, the order of the alternate judge shall be final.

An appeal shall be filed in time and the record shall be forwarded to the respective investigating judge with a summons from the parties and at the expense of the appellant.

Article 81.

In the examining magistrate's court, the Registrar shall immediately inform the court, without admitting any papers, and the parties shall be summoned to appear within the second day.

The parties concerned or their representatives may make such oral observations as they deem, after the examining magistrate has given the opportunity to comment.

The latter shall rule on the same day or on the following day, and there shall be no further appeal against what it decides.

If the investigating judge understands that the deputy municipal must have reinstated the order refusing the evidence referred to in the second paragraph of article 76, he shall so declare, abstaining from giving a ruling on the merits, and shall send the proceedings back to the municipal court to proceed with the proposed evidence and to issue a new order.

The provisions of Articles 78 to 81 shall apply to the latter.

Article 82.

Where the order is confirmatory, the appellant shall be ordered to pay costs.

Article 83.

If the challenge is declared admissible by final order, the substitute shall be deemed to be the substitute at the trial.

Declared inadmissible, the challenged judge shall re-understand in the knowledge of the offence.

Chapter IV

Recusal of the Assistants to the Courts and Tribunals

Article 84.

The Registrars of the municipal courts, of the investigating courts, of the High Courts and of the Supreme Court shall be challenged.

So will the Sala's officers.

Article 85.

The requirements of this Title, as amended by the following articles, apply to the Registrars and Salan Officers.

Article 86.

Where the accused are Assistants to the investigating courts, the courts or the Supreme Court, the challenge shall be brought by the respective investigating judge or the most modern judge, and shall be decided by the same judge or by the relevant court.

The investigating judge may delegate the practice of the proceedings which he or she cannot carry out on his or her own behalf to the municipal judge or to one of the investigating judges of the respective district.

Article 87.

Recused Auxiliaries shall not be able to act in the case in which they are challenged or in the challenge piece, replacing those to which they would be entitled if the challenge were admitted.

Article 88.

In the challenges of municipal court clerks, the municipal judge in which there is only one shall instruct and decide the challenge piece.

If there are two, the court shall not have the challenge, and if three or more, the court shall have the oldest.

Article 89.

The challengeee shall be ordered to pay costs when the challenge is dismissed.

Article 90.

When the order in which the challenge is admitted is signed, the challenge shall be separated from any intervention in the case, and the person who has replaced him during the conduct of the incident shall continue to be replaced; and if he is the secretary of the municipal or investigative court, he shall not be entitled to any rights since the challenge has been requested or since, having been informed of the reason given, he has not separated himself from the knowledge of the case.

Article 91.

When the challenge is dismissed by final order, the Assistant shall return to exercise his or her functions; and if he or she is the Registrar of the Municipal Court or of the Investigation Court, he or she shall pay the challengeer the rights corresponding to the proceedings carried out in the case, making the same payment as that which replaced the challengeee.

Article 92.

Auxiliaries may not be challenged after the parties have been summoned for a sentence, during the practice of any proceedings in which they are in charge, or after the commencement of the oral trial.

Article 93.

It applies to the present Rapporteurs and Writers of the Chamber: 1.o, the provisions of the previous articles regarding the challenges of the Secretaries of the Chamber, and 2.o, as provided for in Articles 90 and 91 concerning the payment of rights.

Chapter V

From the excuses and challenges of the Advisors

See art. 454 of Organic Law 6/1985 of 1 July 1985 on the Judiciary. Ref. BOE-A-1985-12666.

Article 94.

The Advisers to municipal judges when they accidentally perform the functions of investigating judges shall be excused if some of the cases listed in article 54 of this Law are present.

The same municipal judge shall assess the excuse for admitting or dismissing it. If dismissed, the Adviser may appeal to the relevant Hearing, and the Hearing, requesting reports and background, shall rule without further appeal as appropriate.

Article 95.

Those who are parties to a case may challenge the Adviser for any of the reasons set out in article 54.

The challenge shall be made by means of a letter addressed to the municipal judge.

The appeal shall also be lodged with the relevant court against the decisions of the municipal court rejecting the challenge.

Chapter VI

Abstention of the Prosecutor ' s Office

Article 96.

The representatives of the Public Prosecutor's Office may not be challenged, but shall refrain from intervening in judicial acts when any of the cases referred to in Article 54 of this Law is involved.

Article 97.

If the Prosecutor of the Supreme Court or the Public Prosecutors of the Hearings is present in any of the cases for which they are required to abstain in accordance with the provisions of the previous article, they shall appoint them to replace the Lieutenant Prosecutor and, failing that, the Public Prosecutor's Advocates shall be appointed by order of rank and seniority.

The provisions of the preceding paragraph apply to Lieutenants or Attorneys when exercising the functions of their respective head.

Article 98.

The Lieutenants and Prosecutors of the Supreme Court and the High Courts shall present their excuse to the respective superior, who shall relieve them of their involvement in judicial acts and elect to replace the one they deem appropriate among their subordinates.

Article 99.

If the representatives of the Public Prosecutor's Office do not excuse themselves despite understanding any of the cases set out in article 54, they may appeal to the immediate superior.

The latter shall hear the subordinate who has been the subject of the complaint and, finding it well founded, shall decide on his replacement. If you do not find it well founded, you may agree to intervene in the proceedings. There is no appeal against this determination.

The prosecutors of the territorial courts shall decide on complaints against the public prosecutors of the criminal courts.

If it is the Public Prosecutor of the Supreme Court who gave rise to the complaint, the latter shall address the Minister of Grace and Justice through the President of the same Court. The Minister of Grace and Justice, heard by the Governing Chamber of the Supreme Court if he deems it appropriate, shall decide what he deems appropriate.

TITLE IV

Persons responsible for the exercise of actions arising from offences and offences

Article 100.

Criminal proceedings for the punishment of the guilty person are brought against any offence or offence, and civil proceedings may also be brought for restitution of the property, reparation for the damage and compensation for damage caused by the punishable act.

Article 101.

Criminal proceedings are public.

All Spanish citizens may exercise it in accordance with the requirements of the Act.

Article 102.

However, under the provisions of the preceding article, the following persons may not bring criminal proceedings:

1. The one who does not enjoy full civil rights.

2. The person who had been convicted twice for a final judgment as a defendant of the crime of slanderous complaint or complaint.

3. The Judge or Magistrate.

Those included in the above numbers may, however, institute criminal proceedings for an offence or misdemeanour committed against their persons or property or against the persons or property of their spouses, ascendants, descendants, consanguineous or uterine siblings and related persons.

Those under Nos. 2 and 3 may also bring criminal proceedings for the offence or misdemeanour committed against persons or property of which they are under their legal custody.

Article 103.

Nor may they bring criminal proceedings against one another:

1. Spouses, except for the offence or offence committed by one against the person of the other or his or her children, and for the offence of bigamy.

2. The ascendants, descendants and siblings by nature, by adoption or by affinity, except for crime or misdemeanour committed by one against the persons of the other.

It is amended by art. 3.3 of Organic Law 14/1999 of 9 June. Ref. BOE-A-1999-12907.

Article 104.

Criminal proceedings arising out of the offences of rape, slander and insult may not be prosecuted by other persons or in a manner other than those prescribed in the respective articles of the Convention. Spanish Criminal Code.

Misdemeanours consisting in the advertisement by means of the printing press of false facts or relating to private life, with which private persons are harmed or offended, and minor insults may be prosecuted only by the offended persons or by their legitimate representatives.

The second paragraph is amended by art. 3.4 of Organic Law 14/1999 of 9 June. Ref. BOE-A-1999-12907.

Article 105.

1. Officials of the Public Prosecutor's Office shall be obliged to pursue, in accordance with the provisions of the Act, all criminal proceedings deemed appropriate, whether or not there is a particular prosecutor in the cases, except those brought by the Public Prosecutor's Office, except for those brought by the Public Prosecutor's Office. Spanish Criminal Code reserve exclusively to the private complaint.

2. In the case of offences that may be prosecuted at the request of the aggrieved person, the Public Prosecutor may also report the offence if the person concerned is a minor, a person with a disability in need of special protection or is invalid.

The absence of a complaint shall not prevent the practice of preventive proceedings.

3. Without prejudice to the provisions of the preceding paragraphs, local authorities may bring criminal proceedings for the offences of theft referred to in Chapter I of the Convention. Title XIII of Book II of Organic Law 10/1995 of 23 November 1995, of Spanish Criminal Code.

Paragraph 3 is added by Art. 1.2 of Organic Law 1/2026 of 8 April. Ref. BOE-A-2026-7966

It is amended by final provision 2.2 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 106.

Criminal proceedings for an offence or misdemeanour resulting from the ex officio proceedings are not extinguished by the resignation of the offended person.

But those born of crime or misdemeanour which cannot be prosecuted except at the request of the party, and civilians, whatever the offence or misdemeanour, are extinguished for this cause.

Article 107.

The waiver of civil or criminal action that may be waived shall not prejudice more than the waiver; the exercise of the criminal action may continue in the state in which the case is found, or the other persons to whom it is also applicable may continue.

Article 108.

Civil proceedings must be instituted jointly with criminal proceedings by the Public Prosecutor ' s Office, whether or not they are in the particular prosecution process; but if the injured party expressly waives his right to restitution, reparation or compensation, the Public Prosecutor ' s Office shall limit itself to seeking punishment of the guilty.

Article 109.

In the event that a statement is received by the judge, the injured or injured person shall be instructed by the counsel or counsel of the Administration of Justice of the right to appear as a party to the proceedings and to waive or not to return the matter, reparation for the damage and compensation for the damage caused by the punishable act. It will also inform you of the rights set out in the legislation in force, and may delegate this function to personnel specialized in victim assistance.

If he is a minor, the same diligence shall be exercised with his legal representative.

In processes involving persons with disabilities, any necessary adjustments and adjustments will be made. Such adaptations may relate to communication, understanding and interaction with the environment. It should be ensured that:

(a) All communications with persons with disabilities, whether oral or written, are made in a clear, simple and accessible language, in a way that takes into account their personal characteristics and needs, using means such as easy reading. If necessary, the communication shall also be made to the person providing support to the person with disabilities for the exercise of his or her legal capacity.

(b) The person with disabilities shall be provided with the necessary assistance or support to enable it to be understood, including interpretation in legally recognized sign languages and means of support for the oral communication of deaf, hearing impaired and deaf-blind persons.

(c) The participation of an expert professional who, as facilitator, is allowed to perform adaptation and adjustment tasks necessary to enable the person with disabilities to understand and understand.

(d) The person with disabilities may be accompanied by a person of his or her choice from the first contact with the authorities and officials.

Apart from the cases provided for in the preceding two paragraphs, no notice shall be given to those concerned in civil or criminal proceedings to prolong or halt the proceedings, which shall not prevent the lawyer or lawyer of the Administration of Justice from seeking to instruct the injured party who has not been present of that right.

In any event, in proceedings for offences covered by Article 57 of the Criminal Codethe legal counsel of the Administration of Justice shall ensure the communication to the victim of procedural acts that may affect his or her safety.

It is amended by art. 101.1 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

It is amended by final provision 1.1 of Law 4/2015 of 27 April. Ref. BOE-A-2015-4606.

The first and third subparagraphs are amended by Art. 2.8 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

The last paragraph is added by Art. 3.5 of Organic Law 14/1999 of 9 June. Ref. BOE-A-1999-12907.

Article 109 bis.

1. Victims of the crime who have not renounced their right may bring criminal proceedings at any time before the process of classifying the offence, although this will not allow for the retrotraction or repetition of the proceedings already carried out prior to the personation. If they are brought after the end of their term of office, they may bring criminal proceedings until the beginning of the oral trial by adhering to the indictment submitted by the Public Prosecutor ' s Office or the rest of the indictments in person.

In the event of the death or disappearance of the victim as a result of the offence, criminal proceedings may be brought by his or her legally or de facto non-separated spouse and by the children of the victim or of the spouse who were not legally or de facto separated at the time of the victim ' s death or disappearance, by the person who, until the time of death or disappearance, had been associated with him or her by a similar relationship of affection and by the children of the victim who, at the time of the victim ' s death or disappearance, lived with him or her; by his or her parents and relatives in a straight or collateral line within the third degree under his or her care, by persons under his or her guardianship or guardianship or under his family care.

In the absence of the above, it may be exercised by the other relatives in a straight line and by their brothers, preferably, among them, of whom the victim was legally represented.

2. The exercise of criminal proceedings by any of the persons entitled under this article does not prevent their subsequent exercise by any of the other persons entitled. Where there is a plurality of victims, they can all be represented independently. However, in such cases, where the proper order of the proceedings or the right to a trial without undue delay may be affected, the judge or court may, in a reasoned decision and after hearing all the parties, require them to be grouped in one or more representations and to be directed by the same or several defences, on the basis of their respective interests.

3. Criminal proceedings may also be instituted by the associations of victims and by legal persons to whom the law recognizes the legitimacy to defend the rights of victims, provided that this is authorized by the victim of the offence.

Where the offence or misdemeanour committed is intended to prevent or hinder members of local corporations from exercising their public functions, the local administration in whose territory the punishable act was committed may also be present in the case.

The first subparagraph of paragraph 1 is amended by final provision 1.1 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

It is added by final provision 1.2 of Law 4/2015 of 27 April. Ref. BOE-A-2015-4606.

Text added, published on 28/04/2015, in force from 28/10/2015.

Article 110.

Persons injured by an offence who have not renounced their right may appear as a party to the case if they do so before the procedure for the classification of the offence and to pursue the appropriate civil actions, as appropriate to them, without, therefore, delaying the proceedings. If they are brought after the end of their term of office, they may bring criminal proceedings until the beginning of the oral trial by adhering to the indictment submitted by the Public Prosecutor ' s Office or the rest of the indictments in person.

Even if the injured persons are not party to the case, this does not mean that they renounce the right to restitution, reparation or compensation that can be agreed in their favour in a final judgement, and it is necessary that the waiver of this right be made in their case in a clear and strict manner.

It is amended by final provision 1.2 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

It is amended by final provision 1.3 of Law 4/2015 of 27 April. Ref. BOE-A-2015-4606.

It is amended by art. 3 of Organic Law 1/2003 of 10 March. Ref. BOE-A-2003-4923.

Article 111.

Actions arising out of an offence or offence may be carried out together or separately; but until the criminal proceedings are pending, the civil action shall not be exercised with separation until the civil action has been decided in a final judgement, except as provided in articles. 4th, 5th and 6th of this Code.

Article 112.

Only criminal proceedings are deemed to have been instituted, and civil proceedings are also used, unless the injured or injured person expressly renounced or reserved for the purpose of carrying out the criminal proceedings after the end of the criminal trial, if such proceedings take place.

However, even if civil action had previously been waived, if the consequences of the offence were more severe than those anticipated at the time of the resignation, or if the resignation could be conditioned by the victim ' s relationship with any of the persons responsible for the offence, the waiver of the exercise of civil action may be revoked by court decision, at the request of the injured or injured person and heard by the parties, provided that it is made prior to the qualification of the offence.

If only the civil person who is born of an offence can be prosecuted only on the basis of a particular complaint, the criminal action shall of course be deemed to be extinguished.

A second paragraph is added, moving the current paragraph to third place, with effect from 7 October 2022, to final provision 1.2 of Organic Law 10/2022, of 6 September. Ref. BOE-A-2022-14630

Article 113.

The two actions may be expressly carried out by the same person or by several persons; but provided that two or more persons are the persons for whom the actions arising out of an offence or misdemeanour are used, they shall verify it in a single proceeding and, if possible, under the same direction and representation, in the opinion of the Tribunal.

Article 114.

Promoted criminal trial in the investigation of a crime or misdemeanour, the same act cannot be prosecuted; it may be suspended if there is, in the state in which it is found, until a final judgment is handed down in the criminal case.

It shall not be necessary for the criminal prosecution preceding that of the civilian person who is responsible for the same offence or misdemeanour.

The provisions of this Article are without prejudice to the provisions of Chapter II, Title I of this book, in respect of questions referred for a preliminary ruling.

Article 115.

Criminal proceedings are extinguished by the death of the guilty party; however, in this case the civil action against his heirs and successors remains, which may only be brought before the courts and through civil proceedings.

Article 116.

The termination of criminal proceedings does not involve the termination of the civil action, unless the termination results from the declaration by a final judgement that the fact that the civil action could have been born did not exist.

In other cases, the person to whom the civil action is directed may bring it before the courts and through appropriate civil proceedings against any person who is obliged to return the property, make reparation for the damage or compensation for the damage suffered.

Article 117.

The termination of civil proceedings also does not entail the termination of criminal proceedings arising from the same offence or misdemeanour.

A final acquittal in the proceedings brought by the civil action shall not impede the exercise of the relevant criminal proceedings.

The provisions of this article are without prejudice to Chapter II of Title I of this book and Articles 106, 107, 110 and second paragraph of 112.

TITLE V

The right to defence, free legal aid and translation and interpretation in criminal trials.

The heading is amended by Art. 1.1 of Organic Law 5/2015, of 27 April. Ref. BOE-A-2015-4605.

Chapter I

The right to a defence and free legal aid.

It is added by art. 1.2 of Organic Law 5/2015, of 27 April. Ref. BOE-A-2015-4605.

Text added, published on 28/04/2015, in force from 28/05/2015.

Article 118.

1. Any person to whom a punishable act is attributed may exercise the right of defence and participate in the proceedings from the time they are informed of their existence, are detained or made subject to any other interim measure, or are formally charged. They must therefore be informed without unjustified delay of the following rights:

(a) Right to be informed of the facts attributed to him, as well as of any relevant changes in the subject matter of the investigation and the acts charged. This information shall be provided in sufficient detail to enable the effective exercise of the right of defence.

(b) The right to examine the proceedings in good time to safeguard the right of defence and in any event, prior to the taking of a statement.

(c) The right to act in criminal proceedings to exercise the right of defence in accordance with the law.

(d) The right to freely appoint counsel, without prejudice to article 527 (1) (a).

(e) The right to apply for free legal aid, the procedure for doing so and the conditions for obtaining it.

(f) The right to free translation and interpretation in accordance with articles 123 and 127.

(g) Right to remain silent and not to make a statement if he or she does not wish to do so, and not to answer any or any of the questions put to him or her.

(h) The right not to testify against oneself and not to confess guilt.

The information referred to in this paragraph shall be provided in an understandable and accessible language. To this end, the information shall be adapted to the age of the addressee, the degree of maturity, disability and any other personal circumstances from which a change in the ability to understand the extent of the information provided to him may arise.

2. The right of defence shall be exercised without any limitations other than those expressly provided for by law from the attribution of the punishable act under investigation to the termination of the sentence.

The right of defence includes the legal aid of a lawyer of free appointment or, failing that, of a lawyer of his own accord, with whom he may communicate and interview himself in confidence, even before being given a statement by the police, the prosecutor or the judicial authority, without prejudice to the provisions of article 527 and who shall be present in all his statements as well as in the proceedings for the recognition, examination and reconstruction of facts.

3. In order to act in the proceedings, the persons under investigation must be represented by a procurator and defended by a lawyer, appointed ex officio when they have not been appointed by themselves and apply for it, and in any event, when they have no legal capacity to do so.

If they have not appointed a solicitor or lawyer, they shall be required to do so or shall be appointed ex officio if, required, they do not appoint them, when the case reaches a state where the counsel of those persons is needed or must attempt any remedy that would make their actions indispensable.

4. All communications between the person under investigation or accused and his or her counsel shall be confidential.

If these conversations or communications have been captured or intervened during the execution of any of the proceedings regulated by this law, the judge shall order the removal of the recording or delivery to the addressee of the detained correspondence, recording these circumstances in the proceedings.

The provisions of the first subparagraph shall not apply where it is established that there are objective indications of the lawyer ' s involvement in the criminal act under investigation or of his involvement in the commission of another criminal offence, without prejudice to the provisions of the General Prison Act.

5. The admission of a complaint or a complaint, and any procedural action resulting in the charge of an offence against a particular person or persons, shall immediately be brought to the attention of those alleged to be responsible.

It is amended by article 1 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

It is amended by art. 2.1 of Organic Law 5/2015 of 27 April. Ref. BOE-A-2015-4605.

Article 118 bis.

In the same way as in the previous article, an act punishable against a Member of Parliament or Senator shall be committed, who may exercise their right of defence as provided for in the previous article, and all of this without prejudice to the provisions of article 71.2 and 3 of the Constitution. the Spanish Constitution.

It is added by the sole article of Organic Law 7/2002 of 5 July. Ref. BOE-A-2002-13354.

Text added, published on 06/07/2002, in force from 26/07/2002.

Article 119.

1. Where, in accordance with article 118 of this Act, a legal person is to be charged, the appearance provided for in article 775 shall take place with the legal person, with the following particulars:

(a) The summons shall be made at the registered office of the legal person, requiring the entity which appoints a representative, as well as the Advocate and Prosecutor for that procedure, with the warning that, if not, the latter two shall be appointed ex officio. Failure to appoint a representative shall not preclude the conduct of proceedings with the appointed Advocate and Prosecutor.

(b) The appearance shall take place with the specially designated representative of the legal person concerned accompanied by the lawyer. Failure to attend the act of such representative shall determine the practice of the act with the Advocate of the entity.

(c) The judge shall inform the representative of the legal person concerned or, where appropriate, the lawyer of the facts to which he or she is charged. This information shall be provided in writing or by a copy of the complaint or complaint lodged.

(d) The appointment of the Procurator shall replace the indication of the place of residence for the purposes of notification, and all subsequent acts of communication, including those to which this Act assigns a personal character, shall be carried out with the designated Prosecutor. If the Prosecutor has been appointed ex officio, his identity shall be communicated to the legal person concerned.

It is added by art. 1.2 of Act No. 37/2011 of 10 October. Ref. BOE-A-2011-15937.

It is repealed by Law 1/1996 of 10 January. Ref. BOE-A-1996-750.

Article 120.

1. The provisions of this Act which require or authorize the presence of the person under investigation in the practice of pretrial investigation or evidence shall always be deemed to refer to the representative specially appointed by the entity, who may assist with the counsel responsible for the defence of the entity.

2. The non-appearance of the specially designated person shall not prevent the holding of the act of investigation or of advance evidence to be conducted with the defence counsel.

The term "imputed" is replaced by "investigated" by article 21.1 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

It is added by art. 1.3 of Act No. 37/2011 of 10 October. Ref. BOE-A-2011-15937.

It is repealed by Law 1/1996 of 10 January. Ref. BOE-A-1996-750.

Article 121.

All those who are parties to a case, if they have not been granted the right to free legal aid, shall have an obligation to satisfy the rights of the procurators representing them, the fees of the lawyers defending them, the fees of the experts who report to their instance and the compensation of the witnesses they submit, when the experts and witnesses, when testifying, have made their claim and the judge or court considers it.

Neither during the case nor after the conclusion of the case shall they be required to pay the other costs of the proceedings, unless they are convicted.

Those who have the right to free legal aid may avail themselves of counsel and attorney of their choice; but in this case they shall be obliged to pay their fees and rights, as provided for in respect of those who do not have such a right, unless professionals of free choice waive the collection of fees or rights as provided for in section 27 of the Free Legal Assistance Act.

The third subparagraph is deleted by Article 2.9 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 122.

A paper shall be used ex officio in misdemeanour trials and criminal cases, without prejudice to the corresponding refund if there is a conviction of costs.

Chapter II

The right to translation and interpretation.

It is added by art. 1.3 of Organic Law 5/2015, of 27 April. Ref. BOE-A-2015-4605.

Text added, published on 28/04/2015, in force from 28/05/2015.

Article 123.

1. Accused or accused persons who do not speak or understand Spanish or the official language in which the proceedings are conducted shall have the following rights:

(a) The right to be assisted by an interpreter using a language he understands during all proceedings in which his presence is necessary, including police interrogation or by the Public Prosecutor ' s Office and all judicial hearings.

(b) The right to act as an interpreter in conversations with his or her lawyer, which are directly related to his or her subsequent interrogation or taking of a statement, or which are necessary for the lodging of an appeal or for other procedural requests.

(c) Right to interpretation of all proceedings in the oral proceedings.

(d) The right to a written translation of documents essential to the exercise of the right to a defence. In any event, decisions must be translated which agree to the imprisonment of the accused, the indictment and the sentence.

(e) Right to submit a reasoned request for a document to be considered essential.

Translation and interpretation costs arising from the exercise of these rights shall be borne by the Administration, irrespective of the outcome of the process.

2. In the event that the simultaneous interpretation service is not available, the interpretation of the proceedings of the oral proceedings referred to in subparagraph (c) of the preceding paragraph shall be carried out by means of a consecutive interpretation in such a way that the defence of the accused or accused person is sufficiently guaranteed.

3. In the case of paragraph 1(d), the translation of the passages of essential documents which, in the opinion of the competent judge, court or official, are not necessary for the accused or accused to know the facts imputed to him may be dispensed with.

Exceptionally, the written translation of documents may be replaced by an oral summary of their content in a language they understand, where the defence of the accused or accused is thus also sufficiently guaranteed.

4. The translation shall be carried out within a reasonable time and the procedural time limits applicable shall be suspended from the Court or the Judge or the Public Prosecutor's Office.

5. The assistance of the interpreter may be provided by means of videoconference or any means of telecommunication, unless the Court or Judge or the Prosecutor, on his own motion or at the request of the person concerned or of his defence, agrees to the physical presence of the interpreter in order to safeguard the rights of the accused or accused.

6. Oral or sign language interpretations, other than those provided for in paragraph 1(b), may be documented by means of audio-visual recording of the original event and interpretation. In cases of oral translation or in the language of signs of the content of a document, a copy of the translated document and the audiovisual recording of the translation shall be attached to the record. If recording equipment is not available, or is not deemed desirable or necessary, the translation or interpretation and, where appropriate, the original declaration, shall be documented in writing.

It is added by art. 1.4 of Organic Law 5/2015, of 27 April. Ref. BOE-A-2015-4605.

Text added, published on 28/04/2015, in force from 28/05/2015.

Article 124.

1. The translator or judicial interpreter shall be designated from among those included in the lists drawn up by the competent administration. Exceptionally, in cases requiring the urgent presence of a translator or an interpreter, and it is not possible to intervene by a translator or judicial interpreter inscribed on the lists drawn up by the Administration, where appropriate, in accordance with paragraph 5 of the preceding article, another person who is familiar with the language employed may be qualified as a judicial interpreter or translator who is deemed qualified to perform that task.

2. The designated interpreter or translator shall respect the confidentiality of the service provided.

3. Where the Court, the Judge or the Public Prosecutor, on his own initiative or at the request of a party, finds that the translation or interpretation does not provide sufficient guarantees of accuracy, it may order the necessary checks to be carried out and, where appropriate, order the appointment of a new translator or interpreter. In this sense, deaf or hearing impaired persons who find that interpretation does not provide sufficient guarantees of accuracy may apply for the appointment of a new interpreter.

It is added by art. 1.5 of Organic Law 5/2015, of 27 April. Ref. BOE-A-2015-4605.

Text added, published on 28/04/2015, in force from 28/05/2015.

Article 125.

1. Where circumstances arise from which the need for the assistance of an interpreter or translator may arise, the President of the Court or the Judge, acting on his own motion or at the request of the Advocate of the accused or accused person, shall ascertain whether the accused person is sufficiently aware of and understands the official language in which the proceedings take place and, where appropriate, order the appointment of an interpreter or translator in accordance with the provisions of the preceding article and determine which documents must be translated.

2. The decision of the judge or court denying the right to interpretation or translation of any document or passage thereof deemed essential by the defence, or rejecting the defence's complaints concerning the lack of quality of interpretation or translation, shall be documented in writing.

If the decision has been taken during the oral trial, the defence of the accused or accused may record his protest in the record.

Such judicial decisions may be appealed in accordance with the provisions of this Act.

It is added by art. 1.6 of Organic Law 5/2015 of 27 April. Ref. BOE-A-2015-4605.

Text added, published on 28/04/2015, in force from 28/05/2015.

Article 126.

The waiver of the rights referred to in article 123 shall be express and free, and shall be valid only if it occurs after the accused or accused has received sufficient and accessible legal advice to enable him to know the consequences of his resignation. In any event, the rights referred to in Article 123(1)(a) and (c) may not be waived.

It is added by art. 1.7 of Organic Law 5/2015, of 27 April. Ref. BOE-A-2015-4605.

Text added, published on 28/04/2015, in force from 28/05/2015.

Article 127.

The provisions contained in the preceding articles are equally applicable to persons with sensory disabilities, who may be provided with means of support for oral communication.

It is added by art. 1.8 of Organic Law 5/2015, of 27 April. Ref. BOE-A-2015-4605.

Text added, published on 28/04/2015, in force from 28/05/2015.

Arts. 128-140.

(Repealed)

They are repealed by Law 1/1996 of 10 January. Ref. BOE-A-1996-750.

Text added, published on 28/04/2015, in force from 01/06/1997.

TITLE VI

How to make decisions and how to settle disagreements

It is amended by art. 2.10 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Chapter I

Procedural decisions

It is amended by art. 2.10 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 141.

Decisions of a judicial nature issued by the courts and tribunals shall be called:

Orders, when they resolve procedural matters reserved to the judge and which do not legally require the form of an order.

Orders, when they decide incidents or essential points that directly affect those investigated or prosecuted, civil persons, private accusers or civil actors; when they decide the jurisdiction of the Court or Court, the origin or impermissibility of the challenge, when they decide appeals against orders or decrees, imprisonment or provisional release, admission or refusal of proof or the right to free justice or affect a fundamental right and, finally, the others that according to the Laws must be founded.

Sentences, when they finally decide the criminal issue.

Final judgements, if no ordinary or extraordinary appeal is brought against them, except for those of review and rehabilitation.

The public and solemn document containing a final judgement is called enforceable.

The wording of the orders shall be limited to the determination of the order and of the judge or tribunal which orders them, without any further basis or additions than the date on which it is agreed, the signature or initialling of the judge or the president and the signature of the judicial registrar. They may, however, be succinctly reasoned without subject to any requirement when deemed appropriate.

The orders shall always be substantiated and shall contain in separate paragraphs and numbered the factual background and the bases of law and, finally, the operative part. They shall be signed by the judge, judge or judges who issue them.

All decisions shall include a reference to the place and date on which they are adopted, and whether the decision is final or whether there is a remedy against it, including, in the latter case, the appropriate remedy, the body to which they are to be brought and the time limit for appeal.

The term "imputed or prosecuted" is replaced by "investigated or prosecuted" by article 21.3 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

It is amended by art. 2.11 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 142.

Judgments shall be drawn up subject to the following rules.

1.a The following shall begin by stating: The place and date on which the case is decided, the facts which gave rise to the formation of the case, the names and surnames of the particular actors, if any, and of the accused, the surnames or nicknames with which they are known, their age, status, nature, domicile, office or profession, and, failing that, all other circumstances in which they have appeared in the case, and also the name and surname of the Judge-Rapporteur.

2.a The facts which are linked to the issues to be resolved in the judgement shall be numbered, making an express and conclusive statement of those which are deemed to be proven.

3.a The final findings of the prosecution and the defence shall be recorded and, where appropriate, proposed by the Tribunal, pursuant to the provisions of art. 733.

4.a. They shall also be inscribed in numbered paragraphs, beginning with the word Considering:

First. The doctrinal and legal basis for the qualification of the facts that would have been proved.

Second. The doctrinal and legal basis determining the participation that each of the defendants would have had in the aforementioned events.

Third. The doctrinal and legal basis for the qualification of mitigating, aggravating or exempting circumstances from criminal responsibility, if it has been present.

Fourth. The doctrinal and legal basis for the classification of the facts which have been established in relation to the civil liability incurred by the accused or the persons subject to whom they have been heard in the case, and those corresponding to the decisions to be taken on costs, and, where appropriate, to the declaration of slanderous complaint.

Fifth. The citation of the legal provisions that are deemed to be applicable, with the final ruling, in which the judgement will be condemned or acquitted not only for the main offence and its related offences, but also for incidental offences known in the case, and incidental offences that the accused have committed before, at the time or after the offence as a means of perpetrating or concealing it.

The judgement shall also resolve all questions relating to civil liability that have been the subject of the trial, and the complaint shall be declared slanderous when appropriate.

Article 143.

Executors will be headed in the name of the King.

Article 144.

Absolution shall be deemed free in all cases.

Article 144 bis.

Decisions of the judicial secretaries shall be referred to as actions and decrees.

Unless otherwise provided in the Act, ordination proceedings shall be instituted where the decision is intended to give the order the course of action established by the Act. Evidence, communication or enforcement shall be carried out to reflect facts or acts of procedural significance.

A decision issued by the judicial secretary shall be called a decree when it is necessary or appropriate to reason its decision.

The proceedings shall be limited to the expression of what is provided, the place, date and name and signature of the judicial registrar who issues them. Orders shall also include a brief statement of reasons when the Act so provides or when the Registrar deems it appropriate.

The decrees shall always be motivated and shall contain, in separate and numbered paragraphs, the factual background and the legal basis on which the subsequent operative part is based. They shall state the place, date and name of the judicial secretary who issues them, with an extension of their signature.

All decisions of the Judicial Registrar shall include a reference to whether they are final or whether there is a remedy against them, including, in the latter case, the appropriate remedy, the body to which they are to be brought and the time limit for appealing.

It is added by art. 2.12 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Text added, published on 04/11/2009, in force from 04/05/2010.

Article 145.

In cases before the Supreme Court, three judges are sufficient to rule and seven are required for the delivery of judgements, unless otherwise provided by law.

Three magistrates shall be sufficient to issue orders and judgements in the Provincial Courts, the National High Court and the High Courts of Justice.

Where judges are not present in sufficient numbers to constitute a Chamber, the provisions of the Organization of the Judiciary Act.

Two Judges, if they were satisfied, would be sufficient to make orders in both Tribunals.

It is amended by art. 2.13 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 146.

In each case there shall be one Judge-Rapporteur.

The judges of the Tribunal shall be appointed to this office, except for the one presiding over it.

Where the Tribunals or Chambers consist of only one President with two Judges, the first shall also take turns in the Presentations, with one of five being the President.

Article 147.

The Rapporteurs shall:

1. To inform the Tribunal of the requests of the parties.

2. To examine any evidence proposed and to inform the Tribunal of its provenance or improcedness.

3. To receive the testimony of witnesses and to carry out any evidence, if according to the law they are not required or can be carried out before the court which orders them, or are made outside the town in which the town is constituted and the investigating or municipal judges are not given commission to perform them.

4. To propose orders or judgements to be submitted to the Tribunal for discussion and to draft them definitively as agreed.

If the Rapporteur is not satisfied with the majority vote, another Judge shall be responsible for the drafting of the judgment; but in this case he shall be obliged to make a particular opinion.

5.o Read in public hearing the sentence.

Article 148.

If, under any circumstances, any cause can not be ruled out on the relevant day, this will not prevent the decision or sentencing of others that have been seen subsequently, without altering the order more than the absolutely indispensable.

Article 149.

Immediately after the oral trial or the following day, before the hours of the trial, the Tribunal shall discuss and vote on all matters of fact and law that have been the subject of the trial. The judgment adopted shall be drawn up and signed within the term referred to in Article 203.

Article 150.

The discussion and vote on the judgements shall be verified in all the Tribunals in camera and before or after the times indicated for the ordinary dispatch.

Article 151.

The rapporteur shall vote first, after which the other judges shall vote in reverse order of their seniority.

Article 152.

When the importance of the discussion so requires, the chairman should give a brief summary of the discussion, before the vote.

Article 153.

Orders, orders and judgements shall be issued by an absolute majority of votes, except in cases where the law expressly requires a higher number.

Article 154.

If, after the hearing and before the vote, a judge becomes unable and unable to attend the event, he shall give his well-founded and signed vote and forward it directly to the President. If I can't write or sign, it'll be the Secretary's.

The vote thus cast shall be retained as initialled by the one who presides in the book of judgments.

If the judge is unable to vote, the case shall be voted on by those who are not prevented from attending the hearing and, if there is a need to form a majority, they shall render a judgement.

When there is no majority, it will be in accordance with what the Law orders concerning discord.

Article 155.

When a judge is transferred, retired, separated or suspended, he shall vote on the cases he has attended and which have not yet been decided.

Article 156.

Once the vote on a sentence has begun, it may be interrupted only by an insurmountable impediment.

Anyone who takes part in the vote on an order, order or sentence shall sign the agreement, even if he has disagreed with the majority; but in this case he may save his vote, which shall be inserted with his signature at his foot in the book of reserved votes, within twenty-four hours.

Article 157.

In the certifications or testimonies of judgements issued by the courts, the reserved votes shall not be inserted; but they shall be transmitted to the Supreme Court and made public when the appeal of cassation is filed and admitted.

Article 158.

Judgments shall be signed by all judges who are not prevented.

Article 159.

In each court or tribunal, under the responsibility and custody of the judicial registrar, a book of judgements shall be kept, including all final orders of equal character, signed, as well as the individual opinions that have been formulated, which shall be ordered accordingly according to their date of publication.

It is amended by art. 2.14 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 160.

Final judgements shall be read and notified to the parties and their prosecutors in any oral proceedings on the same day as they are signed, or at most on the following day.

If, in any event, the parties are not present at the time of the notification, it shall be recorded by diligence and shall be sufficient in such a case with the notification given to their procurators.

Cases that resolve incidents shall be notified only to the Prosecutors.

Where the investigation of the case has been carried out by a court of violence against women, the sentence shall be sent to the court for immediate testimony, indicating whether or not it is final.

The last paragraph is added by Art. 53 of Organic Law 1/2004 of 28 December. Ref. BOE-A-2004-21760.

Article 161.

The Tribunals will not be able to vary the decisions they make after signing, but they will clarify some obscure concept and rectify any material error they suffer.

The clarifications referred to in the preceding paragraph may be made on their own motion by the Court or the Court Registrar, as appropriate, within two working days of the publication of the decision, or at the request of a party or the Prosecutor ' s Office within the same time limit, and in this case the person who issued the decision in question shall decide within three days of the submission of the letter requesting the clarification.

The manifest material errors and arithmetical errors in which the decisions of the Tribunals and Judicial Secretaries are made may be rectified at any time.

Any omissions or defects which may result in judgments and orders and which may be necessary to remedy in order to give full effect to those decisions may be remedied, by order, within the same time limits and by the same procedure as those laid down in the preceding paragraphs.

In the case of judgments or orders which have manifestly failed to give a ruling on claims that have been duly deducted and substantiated in the proceedings, the Court shall, at the written request of a party within five days of notification of the decision, after the application has been transmitted by the judicial registrar to the other parties for a further five days, issue an order to complete the decision with the decision omitted or there is no place to complete it.

If the Court warns of the omissions referred to in the preceding paragraph in its judgments or orders, it may, within five days from the date on which it is delivered, proceed ex officio, by order, to complete its decision, but without amending or rectifying what it has agreed.

Similarly to the provisions set out in the preceding paragraphs, the judicial registrar shall proceed when it is necessary to amend or supplement the decrees which he has issued.

There shall be no appeal against decisions ruling on the clarification, rectification, correction or supplementation referred to in the preceding paragraphs of this article, without prejudice to any appeals, if any, from the decision referred to in the application or the action of the Court or the Court Registrar.

The time limits for appeals against the decision in question shall be interrupted upon request for clarification, rectification, correction or supplementation and, in any event, shall begin to be counted from the day following notification of the decision recognizing or denying the failure to deliver a decision and agreeing or refusing to remedy it.

It is amended by art. 2.15 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 162.

The Courts shall systematically keep the minutes of the orders they issue resolving incidents and judgements, with reference to each in the corresponding record of the Tribunal ' s case books and judgements.

The records of the Courts' case books and judgements shall be numbered and sealed, with the signature of the respective President.

Chapter II

The way in which discord is settled

Article 163.

Where a vote on a final judgement, order or order does not result in a majority of votes on any of the statements of fact or law to be made or on the decision to be rendered, the points on which the voters have disagreed shall be discussed again and voted upon.

Article 164.

If the dissenting parties insist on their respective views in the next ballot, only the two votes more favourable to the accused shall be submitted to further deliberation, and between them all voters shall be elected, so that either vote may be approved.

In this case, the following words shall be appropriate for the judgment: 'Seeing the result of the vote, the law decides: ...'.

The determination of the two most favourable opinions to the defendant will be made to plurality of votes.

The provisions of this article and the previous article do not apply to the case referred to in the second paragraph of Article 153.

Article 165.

The Supreme Court's decisions on appeals for cassation or review shall not contain any discord, leaving the results to be discarded and considering that they do not have an absolute majority of votes.

TITLE VII

Notifications, subpoenas and locations

Article 166.

The acts of communication shall be carried out under the direction of the Judicial Registrar.

Notifications, summonses and locations carried out outside the benches of the Court or Court shall be made by the relevant official. Where the Registrar deems it appropriate, they may be made by registered mail with acknowledgement of receipt, attesting the Registrar in the order of the contents of the envelope transmitted and joining the acknowledgement of receipt.

Notifications, citations and locations shall be carried out in the manner provided for in Chapter V of Title V of Book I of the Civil Procedure Act.

Notifications, subpoenas and mail locations shall be deemed to have been effected on the date on which the addressee records their receipt in the acknowledgement of receipt.

Certificates issued in accordance with the preceding paragraphs shall be free of charge; their amount shall not be included in the cost assessment.

Those who have a place on the benches shall be carried out by reading the decision in full to the person to whom they are notified, giving him or her a copy in the act, even if he or she does not request it, and by giving credit to each and the other in the proceedings to be extended, which shall be signed by the judicial secretary or the official who performs it.

It is amended by art. 2.16 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 167.

For the purposes of the practice of notifications, the Registrar who intervenes in the case shall issue a document containing:

1. The expression of the object of the case and the names and surnames of those parties.

2. The literal copy of the decision to be notified.

3. The name and surname of the person(s) to be notified.

4. The date on which the document is issued.

5.o The signature of the Registrar.

Article 168.

The order shall record by succinct note the issue of the identity card and the officer of the Chamber or Bailiff to whom it is entrusted.

Article 169.

The person who receives the card will take out and authorize with his signature as many copies as the persons to whom he is to notify.

Article 170.

The notification shall consist of a full reading of the decision to be notified, by handing over the copy of the document to the person notified and recording the delivery by succinct diligence at the foot of the original document.

Article 171.

The procedure shall be recorded on the day and time of delivery and shall be signed by the person to whom it is made and by the official who performs the notification.

If the person to whom the surrender is made does not exceed sign, another shall do so at his or her request; and if he or she does not wish, two witnesses sought for it shall sign. Such witnesses may not refuse to do so, subject to a fine of 25 to 100 pesetas.

Article 172.

If, at the first stage of the search, the person to be notified, whatever the cause and time of his absence, is not found in his room, the identity card shall be given to the relative, relative or servant, aged over fourteen, who is present in that room.

If there is no one, the delivery will be made to one of the nearest neighbors.

Article 173.

The delivery procedure shall state the obligation of the person who receives the copy of the document to deliver it to the person who must be notified immediately that he returns to his home, at a fine of 25 to 200 pesetas if he fails to deliver it.

Article 174.

Where a notification cannot be made because of a change of room which must be notified and it is not possible to find out the new one, or for any other reason, it shall be entered in the original document.

Article 175.

The citations and locations shall be conducted in the manner prescribed for notifications, with the following differences:

The subpoena shall contain:

1. Expression of the judge, court or judicial registrar who issued the decision, the date of the decision and the case on which it was taken.

2. The names and surnames of those to be cited and the addresses of their rooms; and if they are ignored, any other circumstances by which the place in which they are found may be discovered.

3. The subject matter of the subpoena, and the quality in which it is cited.

4. The place, day and time when the appointment is to take place.

5. The obligation, if any, to attend the first appeal, under a fine of 200 to 5,000 euros or if it is already the second to be made, to attend under the warning of being persecuted as a defendant of the offence of obstruction of justice established in the Article 463.1 of the Criminal Code.

The site card shall contain the above requirements (1), (2) and (3) for the citation and, in addition, the following:

1. The term within which the person is to appear.

2. The place where he or she is to appear and the judge or court before whom he or she is to appear.

3. The prevention that, if it does not appear, it will stop the damage to which there is law.

It is amended by art. 2.17 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

The fifth ordinal of the second paragraph is amended by art. 4.1 of Law 38/2002 of 24 October. Ref. BOE-A-2002-20823.

Article 176.

If the person in question does not appear at the place, day and time indicated to him, the person who made the summons shall return to the domicile of the person who received the copy of the document, stating by diligence in the original, the reason for not having made the appearance. If this case is not lawful, the judge or court who has agreed to the summons shall immediately proceed to take the appropriate preventive measures, including those laid down in paragraph 5 of the preceding article.

Article 177.

Where notifications, subpoenas or locations are to be carried out in the territory of another Spanish judicial authority, a request, summons or warrant shall be issued, as appropriate, inserting in them the requirements to be contained in the document.

If it is to be carried out abroad, the procedures prescribed in treaties, if any, shall be observed for this purpose and, if not, the principle of reciprocity shall apply.

Article 178.

If the person to be notified, summoned or placed has no known address, the investigating judge shall order the appropriate steps to be taken to investigate the case. In this case, the judicial secretary shall address the judicial police, official registers, professional colleges, entity or companies in which the person concerned carries out his or her activity with interest in such investigation.

It is amended by art. 2.18 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 179.

After notification, summons or placement has been carried out or the ground for which it has been prevented has been established, the original document or the request, exhortation or order issued shall be attached to the order.

Article 180.

Notifications, subpoenas and locations not carried out in accordance with this Chapter shall be void.

However, if the person notified, cited or placed in court is heard, he shall thereafter take all his effects as if it had been done in accordance with the provisions of the law; not for this reason shall the assistant or junior be relieved of the disciplinary correction provided for in the following article.

Article 181.

Any assistant or subordinate who is in arrears in the performance of the functions assigned to him or her by this chapter, or who fails to fulfil any of the formalities laid down therein, shall be disciplined by the judge or court on which he or she depends, with a fine of 50 to 500 pesetas.

Article 182.

Notifications, subpoenas and locations may be made to the parties' assessors.

Except for:

1. The citations expressly provided for in the Act shall be made to the same persons concerned in person.

2. citations for the purpose of compulsory attendance.

TITLE VIII

Of the supplications, exhortations, and commandments

Article 183.

The Judges and Tribunals shall assist each other in the conduct of any proceedings necessary in the conduct of criminal cases.

Article 184.

Where judicial proceedings are to be carried out by a judge or court other than that which ordered them, the judge or court shall order them to be carried out by means of a request, an exhortation or an order.

It shall use the form of the supplicatory when addressed to a Judge or higher tribunal in degree; the form of exhortation, when addressed to a judge of equal rank, and the form of command or letter-order, when addressed to a subordinate of its.

Article 185.

A judge or court that has ordered the conduct of judicial proceedings may not address judges or courts of a lower or lower rank who are not subordinate to him or her, and must be understood directly with the superior of the latter who exercises jurisdiction to the same degree as him or her.

Except where otherwise expressly provided in the Act.

Article 186.

In order to order the issuance of certification or testimony and the practice of any judicial proceedings, the execution of which is the responsibility of property registrars, notaries, auxiliaries or subordinates of courts or tribunals and judicial police officers who are under their orders, the form of an order shall be used.

Article 187.

Where judges or courts have to address authorities or officials of another order, they shall use the form of trades or exhibitions, as required.

Article 188.

Applications, exhortations or orders in cases where offences other than those of which may be prosecuted only by private complaint are prosecuted shall be issued ex officio and shall be submitted directly for execution by the judge or court that has delivered them.

Persons who have been prosecuted for offences which may be prosecuted only on the basis of a particular complaint may be handed over on receipt to the person concerned or to his representative to whose instance they are released, with a time limit for submitting them to the person to whom they are to be executed.

Except where otherwise expressly provided in the Act.

Article 189.

The person receiving the documents shall submit them, within the time limit specified for him, to the judge or court entrusted with the performance, giving continuous notice, if so done, to the judge or court from which they are from.

When verifying the submission, the relevant official shall proceed after the request, exhortation or letter-order, stating the date of delivery and the person who submitted it, to whom he shall give receipt, both signing the submission. That official shall also report to the Judge or Court on the same day and if not possible on the following day.

Article 190.

Where they have been sent on their own initiative, the judge or court receiving them shall immediately acknowledge receipt to the sender.

Article 191.

The judge or court which receives, or to whom an application, exhortation or letter-order is submitted, shall agree to comply with it, without prejudice to the jurisdiction which it considers to be appropriate to it, and shall arrange for the proceedings to be carried out within the time limit, if fixed in the notice, or as soon as possible in another case.

Once completed, he shall return it without delay in the same way as he received it or in which it was submitted to him.

Article 192.

Where the performance of a request is delayed longer than is absolutely necessary for that purpose, taking into account the distance and nature of the proceedings to be carried out, the judge or court which issued the request shall, on its own motion or at the request of a party, send a reminder to the judge or court requested.

If the delay in compliance refers to an exhortation, instead of a reminder, he shall address a request to the immediate superior of the exhorted person, informing him of the delay.

The same obligation shall apply to those who have issued a letter-order, in order to oblige their inferior defaulter to return it completed.

The final paragraph of the second paragraph is repealed by the single derogation provision.3 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612.

Article 193.

Appeals to foreign courts shall be addressed through diplomatic channels, in the form and in the absence of treaties, in which they determine the general provisions of the Government.

In any other case it shall be at the principle of reciprocity.

Article 194.

The same rules set out in the previous article will be observed in order to comply in Spain with the exhortations of foreign courts, which require the practice of some judicial procedure.

Article 195.

The authorities, officials, agents and chiefs of armed forces who do not comply with the immediate orders of the judges and tribunals shall communicate these by means of careful offices, unless the urgency of the case requires oral verification, and the case must be recorded.

Article 196.

The Judges and Courts shall address themselves, through the Ministry of Grace and Justice, to the Co-legislators and Ministers of the Crown, both to assist the Administration of Justice in its own functions and to compel the Authorities, their subordinates, to provide the data or services requested of them.

TITLE IX

From the judicial terms

Article 197.

The decisions of judges, courts and judicial secretaries, and the judicial proceedings, shall be issued and carried out within the terms specified for each of them.

It is amended by art. 2.19 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 198.

Where no term is fixed, it shall be understood that it is to be dictated and practised without delay.

The second paragraph is repealed by the sole derogation provision.3 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612.

Article 199.

The Judges and Courts shall, where appropriate, impose such disciplinary correction on their assistants and subordinates, without the need for a request from a party; and if they do not do so, they shall in turn be held liable.

Article 200.

Those who consider themselves injured by unjustified delays in judicial terms may infer a complaint to the Ministry of Grace and Justice, which, if it considers it well founded, shall forward it to the relevant prosecutor, so that he may, on his own initiative, initiate the remedy of liability under the Act.

The last subparagraph is repealed by the single derogation provision.3 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612.

Article 201.

Every day and hour of the year shall be able to investigate criminal cases, without the need for special authorization.

It is amended by final provision 12.5 of Act 1/2000 of 7 January. Ref. BOE-A-2000-323.

Article 202.

The judicial terms shall be improrogable if the law does not expressly provide otherwise.

But they may be suspended or reopened, if it is possible without turning back the judgment of the state in which they are found when there is a just and proven cause.

Just cause shall be recognized if it has made it impossible to make the decision or to proceed with judicial proceedings, irrespective of the will of those who should have done so.

Article 203.

Sentences shall be rendered and signed within three days of the hearing of the incident or the completion of the trial.

Judgments are excluded in misdemeanour trials, which are to be delivered on the same or the next day.

Article 204.

Orders and decrees shall be issued and signed on the day following that on which the claims to be settled by them were made, or the proceedings shall have arrived in the event that they are issued.

Orders and proceedings shall be issued and signed immediately if the proceedings result in the necessity of issuing them, or on the same day or on the following day as the applications for them have been submitted.

It is amended by art. 2.20 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 205.

Except as provided in the preceding article, orders, orders and actions must be issued in the shortest possible time to avoid interrupting the conduct of the public trial, or to avoid violating any legal provision with delay.

It is amended by art. 2.21 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 206.

The Registrar shall report to the Judge or the Court all written claims on the same day as they are delivered to him, if this occurs before or during the hours of the hearing, and on the following day if they are delivered to him thereafter.

In any case, he shall place at the foot of the claim, in the act of receiving it and in the presence of the person who delivered it, a brief note indicating the day and time of the delivery, and shall provide the person concerned with a sufficient document to prove it.

Article 207.

Notifications, summonses and placements to be made in the capital of the Court or Court shall be made at the latest on the following day of the decision to be notified or under which the summons or placement is to be made.

Article 208.

If the aforementioned proceedings are to be carried out outside the capital, the Registrar shall deliver the document to the Chamber or Junior Officer, or shall transmit it ex officio or shall deliver to the party, as appropriate, the request, exhortation or order on the following day of the decision.

Article 209.

The proceedings referred to in the preceding article shall be conducted within a period not exceeding one day for every 20 kilometres distance between the capital and the point at which they must take place.

Article 210.

The other judicial proceedings shall be conducted in accordance with the terms to be laid down for this purpose when the decision in which they are ordered is issued.

Article 211.

Appeals for reform or appeal against the decisions of the Judges and Tribunals shall be lodged within three days of their notification to those who are parties to the trial.

Restitution and review appeals against the decisions of the judicial registrars shall be filed within the same time limit.

It is amended by art. 2.22 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 212.

An appeal shall be filed within five days, from the date of the last notification of the judicial decision to which the foregoing article refers.

The appeal shall be prepared within five days of the last notification of the judgment or order against which it is sought.

Except for appeal against the sentence handed down in the misdemeanour trial. In the case of such an appeal, the term shall be the first day following the last notification.

Article 213.

A complaint for whose filing the Act does not specify a term may be filed at any time, while the case is pending.

Article 214.

The Registrars shall have an obligation to inform the Judge or Tribunal without delay and under his responsibility of the expiry of the judicial terms, thereby giving him due diligence.

Article 215.

After the term specified by law or by the judge or court, depending on the case, the proceedings in the state in which they are held shall continue on their own initiative.

If the proceedings are held by any person, they shall be collected without the need for an order, under the responsibility of the Registrar, with a fine of between 25 and 250 pesetas to the person who gives rise to the collection, if he does not deliver it at the time or deliver it without dispatch when he is obliged to make any opinion or claim. In this second case, the judge or court shall indicate to him a second prudential term, and if, after the proceedings have been dismissed, the person referred to in this article shall not be prosecuted as guilty of disobedience.

A person who does not return the file even after the fine has been imposed shall also be prosecuted.

TITLE X

Appeals against procedural decisions

It is amended by art. 2.23 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Chapter I

Appeals against decisions of judges and tribunals

It is added by art. 2.23 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Text added, published on 04/11/2009, in force from 04/05/2010.

Article 216.

Appeals for reform, appeal and complaint may be lodged against the decisions of the investigating judge.

Article 217.

An appeal for reform may be lodged against all the orders of the examining magistrate. The appeal may be lodged only in cases determined by the Act, and shall be admissible for both purposes only when expressly provided for by the Act.

Article 218.

An appeal may be lodged against all non-appealable cases of the judge and against decisions refusing to grant an appeal.

Article 219.

Appeals for reform and appeal shall be brought before the same judge who issued the order.

The complaint shall be brought before the competent High Court.

Article 220.

He shall be competent to hear the appeal for reform before whomever it was brought, in accordance with the preceding article.

The court of appeal shall have jurisdiction over the person who had knowledge of the case in oral proceedings.

The same shall be competent to hear the appeal against the decision not to admit a complaint.

The same shall be decided by a judge or by a court competent to hear the complaint before a person who has lodged the complaint, pursuant to the second paragraph of Article 219.

Article 221.

Appeals for reform, appeal and complaint shall always be filed in a written form authorized by the Law.

Article 222.

An appeal may be lodged only after the reform has been carried out, but both may be lodged in the same letter, in which case the appeal shall be proposed in a subsidiary way, in case the reform appeal is rejected.

Any person who lodges an application for reform shall submit with the document as many copies of the application as the other parties, to which such copies shall be submitted.

The Judge shall decide on the second day of delivery of the copies, whether or not the other parties have submitted written copies.

Article 223.

On appeal, the judge shall admit it, in one or both cases, as appropriate.

Article 224.

If the appeal is admissible for both purposes, the Registrar shall forward the original order to the Court hearing the appeal, and shall summon the parties to appear before the Court within fifteen days if the Court is the Supreme or ten days, if it is the High Court of Justice or the High Court.

It is amended by art. 2.24 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 225.

If the appeal is admissible only in one instance, the judge, in the same decision declaring it in accordance with article 223, shall order the evidence of the order first appealed, of the documents relating to the appeal for reform, of the order appealed, and of all other persons who consider it necessary to include, by fixing the term within which the testimony is to be issued, a term which shall be counted from the date following that of the decision to which it is fixed.

Within two days of being notified of this order, without the need of any other, the Public Prosecutor and the appellant may request the judge to include in the testimony the individuals they believe should include, and the judge shall agree on the request, within the next day, without further recourse, always bearing in mind the confidential nature of the case file. Where several parties request testimony from the same individual, it shall be inserted only once, and the reinsertion of those already agreed by the Judge shall be rejected.

The term which, as stated in the first paragraph of this article, must be fixed by the judge to issue the testimony shall never exceed fifteen days, and may be extended at the request of the actuary up to this limit if it is granted for a shorter period; but if, before the expiry of the fifteen days, the actuary shows the judge more than one hundred written pages of the testimony, without the latter being completed, the judge may agree to extend it for a reasonable term, which in no case shall exceed ten days. The exhibition of the leaflets written in number more than one hundred, before the expiry of the first term, shall be recorded by diligence, which shall be signed by the Judge and the actuary, in the place to which the testimony reaches when it is displayed, having the parties entitled to be shown this diligence upon notification of the order for extension.

Article 226.

The appellant may not be heard for the purpose of drawing attention to individuals who are to be testified to in the case in question.

Article 227.

On the basis of the evidence, the parties shall be called upon to appear within the time limit laid down in Article 224 in the Court hearing the appeal.

Article 228.

If, at the end of the proceedings, the appellant has not been heard, the Registrar shall, by decree, declare the appeal automatically, dismiss it, immediately by attestation to the Judge, and return the original orders if the appeal has been accepted in both cases. This decree will be subject to direct review.

On the same day as the testimony to hear an appeal is received by the High Court, or on the next day, the Judicial Registrar shall acknowledge receipt to the Investigating Judge, who shall join the proceedings. If the receipt is not sent to the Registrar, the Registrar shall request the Registrar of the Tribunal to hear the appeal; and if he does not receive the appeal, he shall inform the Registrar of the Government directly, for appropriate purposes.

It is amended by art. 2.25 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 229.

If the appellant has been present, the judicial registrar shall give him or her the order for three days for investigation.

After him the hearing shall be followed, by the same term, by the other parties in person, and finally by the Prosecutor, if the case is for the offence of those who give rise to proceedings ex officio, or of those who may be prosecuted on the basis of a complaint by the persons concerned.

However, as provided in the preceding paragraphs, the parties shall not be made aware of what was reserved for them, as agreed by the Judge or Tribunal.

It is amended by art. 2.26 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 230.

If the case is returned by the Prosecutor, or if the Prosecutor is not a party to the case, by the last of the persons to whom they have been handed over, the Court Registrar shall indicate the day for the hearing, in which the Prosecutor, if he or she is a party, and the defence counsels of the others, may inform him or her of what is in their right.

The hearing shall be held on the day indicated, whether or not the parties attend, without the day of the marking being between the day of the hearing and the day of the hearing measuring more than ten days. The assistance of the Public Prosecutor ' s Office shall be compulsory in all cases in which he or she intervenes. The suspension may not be agreed on any ground, and all claims for suspension may be rejected without further appeal.

The competent judicial secretary shall, under his responsibility, ensure that the appeal is heard as soon as possible, in the absence of more than two months between the day of entry into the hearing of the testimony for the appeal, or the summary, if any, and the day of the hearing.

It is amended by art. 2.27 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 231.

The parties may submit, before the day of the hearing, documents which they deem appropriate in support of their claims.

No other means of proof shall be admissible.

Article 232.

Where the order is final, the Registrar of the Tribunal shall inform the Judge for execution, returning the proceedings to him if the appeal has been for both purposes.

The Registrar of the Tribunal who has heard the appeal shall, under his responsibility, ensure that in no case shall the case cease to be returned to the examining magistrate, or shall cease to inform him of the decision which has lapsed within three days of its signature, when the case file has not yet been completed. The competent judicial registrar shall immediately acknowledge receipt, and if he fails to do so, he shall be requested by the Registrar of the Tribunal, with the warning that, if he fails to do so, he shall bring the facts to the attention of the Registrar of Government.

It is amended by art. 2.28 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 233.

When the appeal is lodged, the Court shall order the Judge to report to it within a short period of time to that effect.

Article 234.

The Registrar shall, upon receipt of the said report, transmit it to the Prosecutor, if the case is for an offence in which he or she is required to intervene, for a written opinion within three days.

It is amended by art. 2.29 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 235.

On the basis of this opinion, if any, and the report of the Judge, the Court shall decide what it deems fair.

An order may not affect the status of the case where the appeal has been lodged outside the ordinary term of the appeals, without prejudice to what the Court agrees on its day when it hears the appeal.

Article 236.

Appeals against the criminal courts may be lodged before the court of appeal which issued them and appeals may be lodged only in cases expressly provided for in the Act.

It is amended by art. 2.30 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 237.

Except for those against which another remedy is expressly granted in the Act.

Article 238.

An appeal against an order of any Court shall be heard in accordance with the procedure laid down for the review appeal against any decision of an investigating judge.

Chapter II

Appeal for review of the decisions of the Judicial Secretaries

It is added by art. 2.31 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Text added, published on 04/11/2009, in force from 04/05/2010.

Article 238 bis.

All orders issued by the Registrars may be appealed to them.

An appeal may also be lodged against the decrees of the judicial secretaries, except in cases where a direct appeal for review is required by the Act.

The appeal for reinstatement, which shall always be lodged in writing with the signature of the Letter and accompanied by as many copies as the other parties in person, shall express the infringement in which the decision was taken by the appellant and in no case shall it have suspensive effect.

If the application for reinstatement is admissible, the Registrar shall grant the Prosecutor ' s Office and the other parties concerned a common time limit of two days for submitting their pleadings in writing, after which he or she shall decide without further delay.

No appeal may be lodged against the order of the judicial secretary ruling on the appeal.

Please note that the last paragraph has been declared unconstitutional and null by judgment of TC 151/2020 of 22 October. Ref. BOE-A-2020-14648

The last paragraph is declared unconstitutional and null by judgment of TC 151/2020 of 22 October. Ref. BOE-A-2020-14648

It is added by art. 2.31 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Text added, published on 04/11/2009, in force from 04/05/2010.

Article 238 ter.

An appeal for review shall be lodged with the Judge or Tribunal with functional jurisdiction at the stage of the proceedings at which the contested decree of the Court Registrar has been issued, by means of a written statement citing the offence in which the latter has been committed, authorized with the signature of the Lawyer, and of which so many copies shall be submitted as many as the other parties concerned.

If the application for review is admissible, the judicial registrar shall grant the Public Prosecutor and the other parties concerned a common period of two days for them to submit their submissions in writing, after which the judge or court shall decide without further delay. No appeal may be lodged against the decision on the application for review.

The system of appeals against the decisions of the judicial secretaries issued for the execution of the civil pronouncements of the judgment and for the execution of the royal precautionary measure of attachment provided for in articles 589 and 615 of this Law shall be that provided for in the Civil Procedure Act.

It is added by art. 2.31 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Text added, published on 04/11/2009, in force from 04/05/2010.

TITLE XI

The costs of proceedings

Article 239.

Orders or judgements terminating the case or any incident shall rule on the payment of the costs of the proceedings.

Article 240.

This decision may consist of:

1. To declare costs ex officio.

2. In condemning their payment to the defendants, pointing out the proportional part that each of them should respond, if they were several.

The costs shall never be imposed on the accused who are acquitted.

3. In condemning the payment to the private plaintiff or civil actor.

They shall be sentenced to pay the costs when the proceedings have resulted in recklessness or bad faith.

Article 241.

The costs shall consist of:

1.o In the return of the sealed paper used in the case.

2. In the payment of tariff duties.

3.o In respect of fees earned by lawyers and experts.

4. In the case of compensation for witnesses who had claimed them, if any, and for other expenses incurred in the investigation of the case.

Article 242.

Where costs are declared ex officio, there shall be no place for payment of the amounts referred to in points 1 and 2 of the preceding Article.

Attorneys and lawyers who have represented and defended either party, and experts and witnesses who have testified at his or her request, may require from him or her, if he or she has not been granted the right to free legal aid, to pay the fees, fees and compensation due to him or her, by claiming them from the judge or court hearing the case.

Their levy shall be imposed by means of coercion if, when the respective claims have been filed and the parties have been informed, they are not paid within the reasonable period indicated by the judicial secretary or have been declared undue or excessive. In the latter case, it shall be carried out in accordance with the provisions of Civil Procedure Act.

The costs referred to in paragraph 1 and 2 of the preceding article shall be assessed by the judicial registrar who intervenes in the execution of the judgement. The fees of the lawyers and experts shall be credited for minutes signed by those who have earned them. Witness compensation shall be calculated for the amount fixed in due course in the case. Other expenses shall be regulated by the Registrar, on the basis of supporting documents.

It is amended by art. 2.32 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 243.

Once the assessment and regulation of costs have been made, the Public Prosecutor's Office and the party sentenced to payment shall be examined to state what they consider appropriate within three days.

Article 244.

After the period laid down in the preceding article has elapsed without having been challenged the assessment of costs incurred, or having been struck off of undue or excessive any of the items of fees, shall be carried out in accordance with the provisions of the Civil Procedure Act.

It is amended by art. 2.33 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 245.

The costs shall be paid by means of an exigency procedure established in the Civil Procedure Act with the property of those who had been sentenced to payment.

Article 246.

If the property of the convicted person is not sufficient to cover all pecuniary responsibilities, the order and preference of payment shall be made in accordance with the provisions of the respective articles of the Constitution. Spanish Criminal Code.

TITLE XII

The obligations of judges and tribunals relating to judicial statistics

Article 247.

The municipal judges shall have the obligation to forward each month to the President of the respective Territorial Court a statement of the trials on offences that took place during the previous month.

Article 248.

The investigating judges shall transmit to the President of the relevant Chamber or Court of Criminal Cases a monthly statement of the preliminary, pending and completed proceedings during the previous month.

Article 249.

The Presidents of the said Chambers or Hearings shall transmit to the President of the Territorial High Court, each quarter, a summary statement of those received monthly from the investigating judges, and another of the cases pending and completed before their Court during the quarter.

Quarters will be formed from the beginning of the judicial year.

Article 250.

In the first month of each quarter, the Presidents of the Territorial Courts shall transmit to the Ministry of Grace and Justice statements summarizing those received from the municipal judges and the criminal courts.

Article 251.

The Second and Third Chambers of the Supreme Court shall transmit to the Ministry of Grace and Justice a statement of the appeals pending before them and by them decided during the quarter.

When the criminal division of any Territorial High Court or the Third High Court, or the Supreme Court, or the Supreme Court, or the Supreme Court, commences or decides on any criminal case that is specifically entrusted to them, they shall immediately bring it to the attention of the Minister of Grace and Justice, and shall, if appropriate, give evidence of the sentence.

Article 252.

The Courts shall transmit, through electronic procedures, to the Central Register of Prisoners and to the Central Register of Precautionary Measures, Requisitions and Non-Final Sentences and to the Central Register for the Protection of Victims of Domestic and Gender Violence, established by the Ministry of Justice, respectively, authorized notes of final sentences imposing a penalty or security measure for a crime and of orders declaring the accused to be absent.

In the proceedings for the cancellation of the criminal record in the Central Register of Prisoners initiated at the request of the person concerned, after the maximum period established without an express decision has been issued and notified, the application shall be deemed rejected.

It is amended by art. 101.2 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Article 253.

The court that gives a final conviction in any criminal case shall transmit evidence of the operative part of the case to the investigating judge of the place where the case was brought.

Article 254.

Each investigating judge shall keep a book that shall be kept as a register of convicted persons.

The sheets of this book will be numbered, sealed and initialled by the investigating judge and his government secretary.

This book will draw the certifications expressed in the previous article.

Article 255.

Each investigating judge shall also carry another book entitled "Record of defendants in absentia" with the formalities prescribed for the convicted person.

This book will record all the cases whose defendants have been declared rebellious, and the corresponding entry will be made in the seat of each one when the rebel is present.

Article 256.

The Hearings or Chambers of Criminal Cases shall keep a book equal to that stated in the preceding article to record defendants declared to be rebels after the conclusion of the investigation.

Article 257.

Without prejudice to the provisions of this Title, the Ministry of Grace and Justice shall establish, by means of the relevant Regulations, the service of criminal statistics to be organized in the said Centre and the rules to be observed in accordance with it by the Judges and Courts.

TITLE XIII

Disciplinary corrections

Article 258.

Without prejudice to the special corrections provided for in this Act for specific cases, the provisions contained in Title XIII of Book I of the Civil Procedure Act to all persons, whether or not they are officials, who attend or in any way intervene in criminal trials, the municipal judges, the investigating judges, the criminal courts and the Supreme Court may, respectively, impose appropriate disciplinary corrections.

TITLE XIV

Procedural acts by telematic presence

It is added by art. 101.3 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Text added, published on 20/12/2023, in force from 20/03/2024.

Article 258 bis. Conduct of procedural acts by telematic presence.

1. The judicial body at its seat shall be constituted, and the acts of trial, hearings, hearings, appearances, statements and, in general, all proceedings shall preferably be carried out, unless the judge or tribunal, in the light of the circumstances, decides otherwise, by means of a telematic presence, provided that the judicial or prosecutorial offices have at their disposal the technical means necessary for doing so, with the specialities provided for in the Sections 325, 731 bis and 306 of the Criminal Procedure Actin accordance with Article 229 (3), and Article 230 of the Organic Law on the Judiciary, and additionally for the provisions of the Article 137 bis of Law 1/2000 of 7 JanuaryCivil prosecution. Intervention by telematic presence shall always be carried out through a secure access point, in accordance with the regulations governing the use of technology in the Administration of Justice.

2. Notwithstanding the provisions of the preceding subparagraph, the physical presence of the accused at the seat of the judicial body for the prosecution of serious crimes trials and trials of the Jury Court shall be necessary, without prejudice to the provisions of international treaties to which Spain is a party, the rules of the European Union and other rules applicable to cooperation with foreign authorities for the performance of the judicial function.

In trials for less serious offences, where the sentence exceeds two years ' imprisonment or, if different, where the length of the sentence does not exceed six years, the accused shall be physically brought before the seat of the prosecution body if the latter or his counsel so requests, or if the judicial body deems it necessary. The decision must be taken in a reasoned order.

In all other trials, when the accused appears, he or she shall do so physically before the seat of the prosecution body if requested by him or his or her counsel, or if the judicial body deems it necessary. The decision must be taken in a reasoned order.

In any event, in trials and trials, when the accused resides in the same area of the judicial body that is hearing or is required to hear the case, his or her appearance at trial shall be conducted in a physical manner at the seat of the judicial body or trial, unless there are justified or force majeure cases.

Where the physical presence of the person under investigation or accused is provided, the physical presence of his or her legal defence shall also be necessary. Where his telematic statement is permitted, the lawyer of the person under investigation or accused shall appear together with him or her or at the seat of the judicial body.

Where the accused decides not to appear at the seat of the judicial body, he shall notify the accused at least five days in advance.

3. In particular, it shall be ensured that statements or interrogations by the prosecution parties, witnesses or experts are carried out in a telematic manner in the following cases, unless the judge or court, by reasoned decision, in the light of the circumstances of the particular case, considers that their physical presence is necessary:

(a) When they are victims of gender-based violence, sexual violence, trafficking in human beings or when they are victims of minors or persons with disabilities. All of them may intervene from the places where they are officially receiving assistance, care, advice or protection, or from any other place, provided they have sufficient means to ensure their identity and the appropriate conditions of intervention.

(b) When the witness or expert appears in his or her capacity as an authority or public official, then making his or her intervention from a secure point of access.

4. The provisions of this article shall also apply to proceedings before the legal counsel of the Administration of Justice or the Ministry of Public Prosecutions.

5. The citations shall provide information on the possibility of telematically declaring under the conditions laid down in this Article.

It is added by art. 101.3 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Text added, published on 20/12/2023, in force from 20/03/2024.

BOOK II

From the summary

TITLE I

The complaint

Article 259.

Anyone who witnesses the perpetration of any public offence is obliged to bring it immediately to the attention of the investigating, peace, regional or municipal judge or prosecutor closest to the place where it is located, under a fine of 25 to 250 pesetas.

Article 260.

The obligation laid down in the preceding article does not include persons who are not entitled to the full use of their reason.

Article 261.

Nor shall they be required to report:

1. Anyone who is a spouse of the offender who is not legally or de facto separated or a person living with him in a similar relationship of affection.

2. Those who are ascendants and descendants of the offender and his collateral relatives up to and including the second degree.

This provision shall not apply in the case of an offence against life, an offence of murder, an offence of injury to property, Articles 149 and 150 of the Criminal Codeof a crime of habitual ill-treatment provided for in Article 173.2 of the Criminal Codea crime against freedom or against sexual freedom and compensation or a crime of trafficking in human beings and the victim of the crime is a minor or a person with disabilities in need of special protection.

It is amended by final provision 1.3 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

It is amended by final provision 1.4 of Law 4/2015 of 27 April. Ref. BOE-A-2015-4606.

Article 262.

Those who, by reason of their positions, professions or offices, have been informed of any public offence, shall be obliged to report it immediately to the Public Prosecutor's Office, the competent Court, the investigating judge and, failing that, the municipal or police officer closest to the site if the offence is flagrant.

Those who fail to fulfil this obligation shall be liable to the fine referred to in article 259, which shall be imposed in a disciplinary manner.

If the failure to report is of a Professor of Medicine, Surgery or Pharmacy and relates to the exercise of his professional activities, the fine may not be less than 125 pesetas or more than 250 pesetas.

If the person who has committed the omission is a public employee, he shall also be brought to the attention of his immediate superior for the purposes to which the administrative order applies.

The provisions of this article are understood when the omission does not result in liability under the Laws.

Article 263.

The obligation imposed by the first paragraph of the preceding article shall not include the Attorneys and the Attorneys in respect of the instructions or explanations they receive from their clients. Nor will he understand the ecclesiastics and ministers of dissident cults concerning the news that has been revealed to them in the exercise of the functions of their ministry.

Article 263 bis.

1. The competent investigating judge and the Public Prosecutor ' s Office, as well as the heads of the central or provincial organizational units of the judicial police, and their superiors, may authorize the circulation or controlled delivery of toxic drugs, narcotic drugs or psychotropic substances, as well as other prohibited substances. This measure shall be agreed upon by a reasoned decision, which shall, as soon as possible, explicitly determine the subject matter of the authorisation or controlled delivery, as well as the type and quantity of the substance concerned. Such measures shall take into account their need for the purposes of investigation in relation to the significance of the offence and the possibilities of surveillance. The judge who issues the decision shall transmit a copy of the decision to the Dean Court of its jurisdiction, which shall have custody of a record of such decisions.

The movement or controlled delivery of the equipment, materials and substances to which it relates may also be authorized. Article 371 of the Criminal Codeof the goods and profits referred to in Article 301 of that Code in all cases provided for therein, and of the property, materials, objects and species of animals and plants to which the articles 332, 334, 386, 399 bis, 566, 568 and 569, also of the Criminal Code.

2. Movement or controlled delivery means the technique of allowing illicit or suspected consignments of toxic drugs, psychotropic substances or other prohibited substances, equipment, materials and substances referred to in the preceding paragraph, substances which have been replaced by those referred to above, as well as goods and proceeds derived from criminal activities defined in the above-mentioned provisions. Articles 301 to 304 and 368 to 373 of the Criminal Codecirculate through Spanish territory or leave or enter it without interference by the authority or its agents and under their supervision, in order to discover or identify the persons involved in the commission of any crime relating to such drugs, substances, equipment, materials, goods and profits, as well as to provide assistance to foreign authorities for those same purposes.

3. The use of controlled delivery shall be made on a case-by-case basis and, at the international level, shall be in accordance with the provisions of international treaties.

The heads of the organizational units of the central or provincial judicial police or their superiors shall immediately inform the Public Prosecutor ' s Office of the authorizations they have granted in accordance with paragraph 1 of this article and, if there is an open judicial procedure, the competent investigating judge.

4. The interception and opening of postal consignments suspected of containing narcotic drugs and, where appropriate, the subsequent substitution of the drugs inside them shall be carried out at all times in accordance with the judicial guarantees established in the legal system, except as provided for in article 584 of this Law.

The second subparagraph of paragraph 1 is amended by final provision 1.1 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953.

It is amended by art. 1 of Organic Law 5/1999 of 13 January. Ref. BOE-A-1999-846.

Article 264.

Any person who, by any means other than those mentioned above, has knowledge of the commission of any crime to be prosecuted on his own initiative, must report it to the Public Prosecutor ' s Office, the competent court or the investigating or municipal judge, or police officer, without being deemed compelled by this to prove the alleged facts or to file a complaint.

In no case shall the complainant incur any liability other than that of the offences he or she has committed through or on the occasion of the complaint.

Article 265.

1. Complaints may be made in writing or by word of mouth, either personally or through a special representative.

2. The complaint shall contain the identification of the complainant and the circumstantial account of the fact. In the case of a legal person or entity without legal personality, the natural person making the complaint on its behalf must also be identified, indicating its relationship with the legal person or entity without a complainant personality.

Likewise, if they are known, it shall contain the identification of the persons who have committed it and those who have witnessed it or have information about it. It shall also indicate the existence of any source of knowledge to which the complainant is aware, which may serve to clarify the alleged act.

It is amended by art. 101.4 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Article 266.

The complaint made in writing must be signed by the complainant in an autographed or handwritten form, if it is face-to-face, and if it cannot, by another person at his or her request; or if it is lodged by telematics, with an electronic signature as provided for in Article 10 of Law 39/2015 of 1 October 2015of the Common Administrative Procedure of the Public Administrations and of the Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014on electronic identification and trust services for electronic transactions in the internal market and repealing the Directive 1999/93/EC. In the case of legal persons, it shall be signed with a qualified electronic certificate with the attribute of representative or the means provided for in the regulation of digital signature that allow the identification of the legal person, as well as the natural person making the complaint.

No complaints may be made by telematics of acts that have occurred with violence or intimidation, or if they have known perpetrator, or if there are witnesses, or if the complainant is a minor, or if flagrante delicto, or acts of a violent or sexual nature have been committed.

It is amended, with effect from 3 April 2025, by art. 20.2 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

It is amended by art. 101.5 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Article 267.

Where the complaint is oral, a record shall be drawn up by the receiving authority or official, in which, in the form of a declaration, the complainant shall state all information concerning the alleged act and its circumstances, both of which shall be signed below. If the complainant is unable to sign, someone else will do so at his or her request.

Article 268.

The judge, court, authority or official who receives a verbal or written complaint shall record by personal identification card or other means that are sufficient, the identity of the person of the complainant.

If he so requests, they shall give him a receipt of the complaint.

Article 269.

If the complaint is formalised, the judge or official who is made to verify the alleged act shall immediately proceed or order it, unless it is not an offence or the complaint is manifestly false. In either of these cases, the Court or official shall refrain from any proceedings, without prejudice to the liability of the Tribunal or official if they dismiss the proceedings improperly.

TITLE II

From the complaint

Article 270.

All Spanish citizens, whether or not they have been offended by the offence, may file a complaint, exercising the popular action provided for in article 101 of this Law.

Aliens may also be sued for offences committed against their persons or property or the persons or property of their representatives, subject to the provisions of article 280, if they are not covered by the last paragraph of article 281.

Article 271.

The officials of the Public Prosecutor ' s Office shall also, in the form of a complaint, institute criminal proceedings in cases where they are bound by the provisions of article 105.

Article 272.

The complaint shall be brought before the competent investigating judge.

If the complaint is submitted by special provision of the Act to a particular court, the complaint shall be brought before the court.

The same shall be done when several persons have been charged for the same offence or for two or more related offences, and one of them is exceptionally subject to a court other than the one called upon to hear, as a general rule, the offence.

Article 273.

In the cases of the preceding article, in the case of an infragant offence or an offence which leaves no permanent sign of its perpetration, or in which it is well-founded to fear the concealment or escape of the alleged offender, a person who attempts to complain about the offence may, of course, refer to the investigating or municipal judge who is closest to him or to any police officer, in order to ensure that the first steps necessary to establish the truth of the facts and to arrest the offender are taken.

Article 274.

The individual complainant, whatever his or her jurisdiction, shall, for all purposes of the trial promoted by him or her, be submitted to the investigating judge or to the court competent to hear the offence in question.

But he may depart from the complaint at any time, but he may be subject to the responsibilities that may result from his previous acts.

Article 275.

If the complaint is for an offence which cannot be prosecuted but at the request of a party, it shall be deemed to have been abandoned by the person who brought the complaint when he ceases to initiate proceedings within 10 days of notification of the order in which the judge or the court has so agreed.

For this purpose, after 10 days of the last proceedings requested by the complainant, or if the case has not been brought, the judge or court hearing the case shall, on its own motion, order that the complainant request what is in his right within the time limit set out in the preceding paragraph.

Article 276.

The complaint shall also be considered abandoned if, by death or by incapacitating the complainant to continue the action, none of his heirs or legal representatives appear to support it within thirty days of the summons to be made to them for that purpose by informing them of the complaint.

Article 277.

A private criminal complaint (querella) must always be filed through a duly authorised court representative (Procurador) and signed by a lawyer.

It must be drawn up on official paper and state:

1. The judge or court before which it is filed.

2. The complainant’s first name, surnames and place of residence.

3. The first name, surnames and place of residence of the person complained against.

If these details are unknown, the person complained against must be identified by the distinguishing particulars that best enable that person to be recognised.

4. A detailed account of the facts, stating the place, year, month, day and time at which they occurred, if known.

5. The investigative steps to be taken to establish the facts.

6. A request that the complaint be admitted, that the investigative steps specified above be taken, that the alleged offender be arrested and remanded in custody or required to provide security for provisional release, and that assets be seized in the necessary amount where appropriate.

7. The complainant’s signature, or that of another person at the complainant’s request if the complainant cannot sign, where the court representative does not have special authority to lodge the complaint.

Article 278.

If the complaint has as its object an offence for which it can only be prosecuted at the request of a party, except for the offence of rape or abduction, it shall also accompany the certification that the act of conciliation between the complainant and the complainant has been concluded or attempted.

However, urgent proceedings may be instituted without this requirement for the verification of the facts or for the arrest of the offender, and the proceedings may be suspended thereafter until the above-mentioned provisions are satisfied.

Article 279.

In the case of slander or insult committed at trial, the licence of the judge or court which he or she had heard from him or her shall also be lodged, in accordance with the provisions of the Spanish Criminal Code.

Article 280.

The individual complainant shall provide security of the kind and the amount to be determined by the judge or court to answer for the outcome of the trial.

Article 281.

The following shall be exempt from the provisions of the preceding article:

1. The offended and his heirs or legal representatives.

2. In the offences of murder or murder, the spouse of the deceased or a person associated with him for a similar relationship of affection, ascendants and descendants and their collateral relatives up to and including the second degree, the heirs of the victim and the parents and children of the offender.

3. The associations of victims and legal persons to which the law recognizes the right to defend the rights of victims provided that the exercise of criminal proceedings has been expressly authorized by the victim himself.

The exemption from bail does not apply to aliens if it does not correspond to them under international treaties or by the principle of reciprocity.’

It is amended by final provision 1.5 of Law 4/2015 of 27 April. Ref. BOE-A-2015-4606.

TITLE III

From the Judicial Police

Article 282.

The purpose and the obligation of all members of the Judicial Police is to investigate public offences committed in their territory or demarcation; to carry out, according to their powers, the necessary steps to verify and discover the offenders, and to collect all the effects, instruments or evidence of the crime of which they are in danger, making them available to the judicial authority. When victims come into contact with the Judicial Police, they will fulfil the information duties provided for in the legislation in force. They shall also carry out an assessment of the particular circumstances of the victims in order to determine provisionally what protective measures should be taken to ensure adequate protection for them, without prejudice to the final decision to be taken by the judge or court.

If the offence is committed outside those that can only be prosecuted at the request of a legitimate party, they shall have the same obligation as stated in the preceding paragraph, if required for that purpose. The absence of a complaint shall not prevent the practice of first steps to prevent and secure intellectual and industrial property offences.

The first paragraph is amended by final provision 1.6 of Law 4/2015 of 27 April. Ref. BOE-A-2015-4606.

The second paragraph is amended by art. 5.1 of Law 38/2002 of 24 October. Ref. BOE-A-2002-20823.

Article 282 bis.

1. For the purposes provided for in the preceding article, and in the case of investigations involving activities specific to organized crime, the competent investigating judge or the Public Prosecutor's Office may, by means of a reasoned decision and taking into account its necessity for the purposes of the investigation, authorize officials of the Judicial Police to act under an alleged identity and to acquire and transport the objects, effects and instruments of the offence and to defer the seizure of them. The alleged identity shall be granted by the Ministry of the Interior for a period of six months which may be extended for periods of equal duration, and shall be entitled to act in all matters relating to the specific investigation and to participate in legal and social traffic under such identity.

The decision by which it is agreed shall state the true name of the agent and the alleged identity with which he shall act in the particular case. The decision shall be reserved and shall be kept outside the proceedings with due certainty.

The information obtained by the undercover agent shall be brought to the attention of the authorised investigator as soon as possible. Such information shall also be provided to the proceedings in its entirety and shall be evaluated in conscience by the competent judicial body.

2. Judicial police officers who have acted in an investigation with a false identity in accordance with paragraph 1 may maintain such identity when they testify in the proceedings which may arise from the acts in which they have intervened and provided that this is agreed upon by a reasoned judicial decision, provided that the provisions of the Organic Law 19/1994 of 23 December 1994.

No judicial police officer may be compelled to act as an undercover officer.

3. Where investigative proceedings may affect fundamental rights, the undercover officer shall apply to the competent judicial body for the authorizations which he shall establish in that regard. the Constitution and the Act, as well as to comply with the other applicable legal provisions.

4. For the purposes referred to in paragraph 1 of this Article, the association of three or more persons for the purpose of carrying out, on a permanent or repeated basis, conduct intended to commit one or more of the following offences shall be regarded as organized crime:

(a) Offences relating to the procurement, illicit trafficking and transplantation of human organs, as provided for in Article 156 bis of the Criminal Code.

(b) The offence of abduction of persons under Articles 164 to 166 of the Criminal Code.

(c) Crime of trafficking in human beings under the Article 177 bis of the Criminal Code.

(d) Offences relating to prostitution arising from Articles 187 to 189 of the Criminal Code.

(e) Offences against property and against the socio-economic order provided for in the Articles 237, 243, 244, 248 and 301 of the Criminal Code.

(f) Offences relating to intellectual and industrial property within the meaning of Articles 270 to 277 of the Criminal Code.

(g) Offences against the rights of workers under the articles 312 and 313 of the Criminal Code.

(h) Offences against the rights of foreign citizens under the Article 318 bis of the Criminal Code.

(i) Trafficking offences against endangered species of flora or fauna as provided for in articles 332 and 334 of the Criminal Code.

(j) Crime of trafficking in nuclear and radioactive material under Article 345 of the Criminal Code.

(k) Offences against public health as provided for in Articles 368 to 373 of the Criminal Code.

(l) Counterfeiting of currency offences, as provided for in Article 386 of the Criminal Codeand counterfeiting of credit or debit cards or travel cheques, as provided for in Article 399 bis of the Criminal Code.

(m) The offence of trafficking in and storage of weapons, ammunition or explosives as provided for in Articles 566 to 568 of the Criminal Code.

(n) Crimes of terrorism provided for in Articles 572 to 578 of the Criminal Code.

(o) Offences against historical heritage as provided for in Article 2.1.e of Organic Law 12/1995 of 12 December 1995, of suppression of smuggling.

5. The undercover officer shall be exempt from criminal liability for any action which is a necessary consequence of the conduct of the investigation, provided that it is proportionate for the purpose of the investigation and does not constitute a provocation to the offence.

In order to be able to prosecute the case for the purposes of the investigation, the judge competent to hear the case must, as soon as he has knowledge of the actions of an undercover officer in the investigation, request a report concerning the circumstances of the person who has authorized the alleged identity, in view of which he shall decide what he deems appropriate.

6. The investigating judge may authorize officers of the Judicial Police to act under alleged identity in communications maintained in closed channels of communication in order to clarify any of the offences referred to in paragraph 4 of this article or any of the offences referred to in article 588 ter a.

The undercover computer agent, with specific authorization, may exchange or send illegal files for himself on account of their content and analyse the results of the algorithms applied for the identification of such illegal files.

7. In the course of an investigation carried out by undercover agent, the competent judge may authorize the taking of images and the recording of conversations that may be held during the meetings planned between the officer and the person under investigation, even if they take place within a domicile.

Paragraphs 6 and 7 are added by the sole article 2 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Paragraph 4 is amended by final provision 1.2 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953.

Point (d) is added to paragraph 4 and the old points are reordered as (e), (f), (g), (h), (i), (j), (k) and (l) by final provision 1.1.a) of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538.

It is added by art. 2 of Organic Law 5/1999, of 13 January. Ref. BOE-A-1999-846.

Text added, published on 14 January 1999, in force from 15 January 1999.

Article 283.

They shall constitute the Judicial Police and shall be assistants to the Judges and Courts competent in criminal matters and to the Ministry of Public Prosecutions, being obliged to follow the instructions received from those authorities for the purpose of investigating crimes and prosecuting offenders:

First. The administrative authorities responsible for public security and the prosecution of all offences or special offences.

Second. The employees or subordinates of the security police, whatever their denomination.

Third. The mayors, deputy mayors and neighborhood mayors.

Fourth. Heads, officers and individuals of the Civil Guard or any other force intended for the persecution of criminals.

Fifth. The Serenes, Celadores and any other municipal urban or rural police officers.

Sixth. Guards of mountains, fields and fields, planted, sworn or confirmed by the Administration.

Seventh. The officers of the Special Prison Corps.

Eighth. The Judicial Officers and the Subalterns of the Courts and Tribunals.

Ninth. The staff of the Central Traffic Headquarters, responsible for the technical investigation of accidents.

Article 284.

1. Immediately, if judicial police officers are aware of a public offence or are required to prevent the investigation of a private offence, they shall participate in the judicial authority or the representative of the Public Prosecutor's Office, if they can do so without interruption in the conduct of preventive proceedings. In another case, they'll do it so they're done.

2. However, where there is no known perpetrator of the offence, the Judicial Police shall keep the report at the disposal of the Public Prosecutor ' s Office and the judicial authority, without sending it, unless there are any of the following circumstances:

(a) In the case of offences against life, against physical integrity, against sexual freedom and compensation or offences related to corruption;

(b) Any action taken after seventy-two hours after the opening of the file and any result thereof; or

(c) The Prosecutor ' s Office or the judicial authority may request referral.

In accordance with the law recognized in the Article 6 of Law 4/2015 of 27 Aprilthe judicial police shall inform the complainant that, if the author is not identified within seventy-two hours, the proceedings shall not be referred to the judicial authority, without prejudice to his right to repeat the complaint to the prosecutor ' s office or the investigating court.

3. If they have collected weapons, instruments or effects of any kind that may be related to the crime and are located at the place where the crime was committed or in its vicinity, or in the hands of the accused or elsewhere known, they shall extend expressive diligence of the place, time and occasion in which they are found, including a detailed description so that a full picture of them and the circumstances of their finding can be formed, which may be replaced by a graphic report. The proceedings shall be signed by the person in whose possession they are found.

4. The seizure of effects that may belong to a victim of the crime shall be communicated to it. The person affected by the seizure may at any time appeal the measure to the investigating judge in accordance with the third paragraph of article 334.

It is amended by Article 3 of Law 41/2015 of 5 October. Ref. BOE-A-2015-10726.

It is amended by final provision 1.7 of Law 4/2015 of 27 April. Ref. BOE-A-2015-4606.

Article 285.

If a judicial police officer is present at a higher level than that of which he is acting, he shall inform the police officer of the manner in which he has practised, and shall of course be at his disposal.

Article 286.

When the investigating judge or the municipal judge submits to the pretrial investigation, the preventive measures carried out by any authority or police officer shall cease; the latter shall hand them over to the pretrial investigation judge, as well as the effects relating to the offence which have been collected, and shall make available to the detainees, if any.

Article 287.

The officials of the Judicial Police shall carry out without delay, in accordance with their respective powers, the procedures entrusted to them by the officials of the Public Prosecutor ' s Office for the verification of the offence and for the investigation of the offenders and all other procedures entrusted to them during the course of the proceedings by the investigating and municipal judges.

Article 288.

The Public Prosecutor ' s Office, the Investigative Judges and the municipal authorities may be directly involved with the judicial police officers, whatever their rank, for all purposes of this title; but if the service which they require is expected, they shall have recourse to the superior of the judicial police officer, until they require his immediate assistance.

Article 289.

A judicial police officer who, for any reason, is unable to comply with the request or order he has received from the Ministry of Public Prosecutions, the investigating judge, the municipal judge, or the authority or officer who has prevented the initial proceedings, shall immediately bring him to the attention of the person who has made the request or given the order to provide otherwise for its execution.

Article 290.

If the case is not lawful, the person who gave the order or made the request shall bring it to the attention of the superior of the person who excuses himself for disciplinary correction, unless he has incurred greater responsibility under the law.

The superior officer shall inform the Authority or official who has given him the complaint of the decision he makes with respect to his subordinate.

Article 291.

The head of any security forces who cannot provide such assistance as may be requested by the investigating or municipal judges or by a judicial police officer shall also comply with the provisions of article 289.

The person who made the request shall inform the immediate Chief of State of the excuse in the form and for the purpose expressed in the paragraphs of the preceding article.

Article 292.

The judicial police officers shall extend, either on sealed paper or on common paper, a record of the proceedings they carry out, in which they shall specify with the utmost accuracy the facts discovered by them, inserting the statements and reports received and recording all the circumstances they have observed and may be evidence or indication of the offence.

The Judicial Police shall send a report with the report of the previous arrests and of the existence of requirements for their appeal and shall search when it is recorded in their databases.

The second paragraph is added by final provision 1.2.c of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538.

Article 293.

The record will be signed by the one who has extended it, and if you use seal you will stamp it with your rubric on all the sheets.

The persons present, experts and witnesses who have intervened in the proceedings related to the report shall be invited to sign it in the part relating to them. If they do not do so, reason will be expressed.

Article 294.

If it is not possible to draw up the report by the official to whom it is intended, it shall be replaced by a circumstantial verbal relationship, which shall be a clear reduction in writing by the official of the Public Prosecutor's Office, the investigating judge or the municipal judge to whom the report is to be submitted, and the reason for not having been drafted in the ordinary form shall be stated.

Article 295.

In no case may judicial police officers leave more than twenty-four hours without informing the judicial authority or the Public Prosecutor ' s Office of the proceedings they have carried out, except in cases of force majeure and those provided for in article 284, paragraph 2.

Those who violate this provision will be disciplined by a fine of 250 to 1,000 pesetas, if the omission does not merit the qualification of an offence, and at the same time will be considered as a serious offence the first time and as a very serious offence the following.

Those who, without exceeding the time of twenty-four hours, delay more than necessary the provision of information, will be corrected disciplinaryly with a fine of 100 to 350 pesetas, and in addition this offence will constitute for the purposes of the personal file of the person concerned, minor fault the first time, serious the following two and very serious the rest.

The first paragraph is amended by article 4 of Act No. 41/2015 of 5 October. Ref. BOE-A-2015-10726.

Article 296.

Where they have carried out proceedings by order or order of the judicial authority or the prosecutor's office, they shall report the results obtained within the time limits set in the order or order.

Article 297.

The reports and demonstrations by the judicial police officers, as a result of the investigations they have carried out, shall be considered as complaints for legal purposes.

The other statements they make must be signed, and they shall have the value of witness statements as soon as they relate to facts of their own knowledge.

In any event, judicial police officers are obliged to strictly observe the legal formalities in all proceedings, and shall refrain under their responsibility from using means of investigation that are not authorized by law.

Article 298.

The investigating judges and the public prosecutors shall classify in a confidential register the conduct of the officials who perform judicial police services under their inspection; and each six months, with reference to that register, they shall notify the superiors of each of them, for the purposes to which it is intended, of the reasoned classification of their conduct.

Where judicial police officers who are to be disciplined under this Act are of a higher rank than the judicial or prosecutorial authority who understand in the proceedings in which the offence was committed, they shall refrain from imposing the correction themselves, merely informing the immediate chief of whom it should be corrected.

TITLE IV

The instruction

Chapter I

The case file and the competent authorities for the investigation

Article 299.

The summary consists of the proceedings to prepare the trial and to establish and record the commission of the offences in all circumstances that may influence the qualification and guilt of the offenders, ensuring their persons and their financial responsibilities.

Article 300.

(Deleted).

It is deleted by Article 5 of Law 41/2015 of 5 October. Ref. BOE-A-2015-10726.

Article 301.

The proceedings of the case shall be reserved and shall not be public until the oral proceedings are opened, with the exceptions specified in this Law.

The lawyer or attorney of any of the parties who improperly discloses the contents of the case shall be corrected by a fine of 500 to 10,000 euros.

Any other person who is not a public official commits the same offence shall be liable to the same fine.

The public official, in the case of the preceding paragraphs, shall bear the responsibility that the Spanish Criminal Code Point out in your respective place.

It is amended by the final provision 1.8 of Law 4/2015 of 27 April. Ref. BOE-A-2015-4606.

Article 301 bis.

The judge may, on his own motion or at the request of the Public Prosecutor or the victim, agree to take any of the measures referred to in article 681 (2) where it is necessary to protect the privacy of the victim or respect for the victim or his family.

It is added by final provision 1.9 of Law 4/2015 of 27 April. Ref. BOE-A-2015-4606.

Text added, published on 28/04/2015, in force from 28/10/2015.

Article 302.

The parties concerned may take note of the proceedings and intervene in all proceedings.

However, if the offence is a public offence, the investigating judge may, on a proposal from the Public Prosecutor's Office, from any of the parties in person or on his own initiative, declare the offence by order, in whole or in part, secret from all the parties in person, for a period not exceeding one month where it is necessary to:

(a) to avoid a serious risk to the life, liberty or physical integrity of another person; or

(b) to prevent a situation which may seriously compromise the outcome of the investigation or the proceedings.

The secrecy of the case file shall necessarily be raised at least 10 days before the conclusion of the case file.

This Article shall be without prejudice to the second subparagraph of Article 505(3).

It is amended by art. 2.2 of Organic Law 5/2015 of 27 April. Ref. BOE-A-2015-4605.

Article 303.

The trial proceedings shall begin ex officio, at the request of a party, and shall be the responsibility of the investigating judges for offences committed within their respective party or demarcation and, failing that, of the other judges in the same city or population, where there is more than one in it, and of prevention with them or by their delegation, of the municipal judges.

This provision does not apply to cases specifically entrusted by the Organic Law to certain courts, since they may appoint a special investigating judge, or authorize the ordinary to follow up the case.

The appointment of an investigating judge may be made only by a judge of the same Tribunal, or by an officer of the judicial order in active service of those who exist within the territory of the same Tribunal. Once appointed, it will operate with its own independent jurisdiction.

Where the investigator is a magistrate, he may delegate his duties, if necessary, to the examining magistrate from the point where the proceedings are to be conducted.

Where the offence is by its nature those that can only be committed by authorities or officials subject to a higher jurisdiction, ordinary investigating judges may, in urgent cases, agree on the precautionary measures necessary to prevent its concealment; but they shall refer the proceedings as soon as possible, which may in no case exceed three days, to the competent court, which shall decide on the initiation of the investigation, and, in due course, on whether or not there is a place for the prosecution of the accused authority or official.

Article 304.

The Governing Chambers of the Territorial Courts may also appoint a Special Investigating Judge when the cases involve offences whose extraordinary circumstances, or those of the place and time of their execution, or of persons who have intervened in them as offenders or injured persons, have a reasonable reason for the appointment of the latter for the most appropriate investigation or for the most reliable verification of the facts.

The powers of the Governing Chambers shall be extended to cases arising from the Hearings within the framework of their demarcation, and the appointments shall be made by the same officials as those referred to in the preceding article of those existing in the territory, preferring, if possible, one of the judges of the same, if the ordinary examining magistrate is not authorized to follow up the case.

The same shall apply to the Governing Chambers as to the Courts, when they make use of the power expressed in this and in the preceding article, they shall give a reasoned account to the Ministry of Grace and Justice.

The same power shall be conferred on the Governing Chamber of the Supreme Court to appoint, where appropriate, a special judge to deal with offences or offences committed in places within the jurisdiction of more than one territorial court or in cases where the circumstances of the case make it appropriate for the said court to appoint any official in active judicial service.

The jurisdiction of the respective Hearing to be prosecuted after the completion of the proceedings shall be conferred by the rules of article 18 of this Law.

Article 305.

The appointment of special investigative judges under the preceding articles shall be and shall be understood only for the purpose of the investigation of the case with all its implications. After completion of the case, the Special Judge shall refer the case to the Court, which, in accordance with the provisions in force, shall be informed of the case, for continuation and a decision to be taken in accordance with law.

Chapter II

From the formation of the summary

Article 306.

In accordance with the provisions of the previous chapter, the investigating judges shall form the summary of public offences under the direct inspection of the Prosecutor of the competent court.

The inspection shall be carried out either by the Prosecutor himself or by his assistants at the side of the investigating judge, or by means of sufficiently expressive testimonies, which the investigating judge shall transmit to him periodically and as many times as possible, and in this case the Prosecutor may present his observations in an attentive communication and make his claims for equally attentive requests. It may also delegate its functions to municipal prosecutors.

As soon as proceedings are ordered to commence before the Jury Court, the Prosecutor ' s Office will be informed of the person who will appear and intervene in all proceedings before the Jury.

Where the necessary technical means exist in the judicial bodies, the prosecutor may intervene in the proceedings of any criminal proceedings, including the appearance of article 505, by videoconference or other similar system allowing the two-way and simultaneous communication of the image and sound.

The last paragraph is added by Art. 4.1 of Organic Law 13/2003 of 24 October. Ref. BOE-A-2003-19748.

Article 307.

In the event that the municipal judge begins to investigate the first proceedings of the case, which are the most urgent and all that the investigating judge has warned him of, he shall refer the case to him, which he may never hold for more than three days.

Article 308.

Immediately after the fact that the investigating or peace judges, if any, have been informed of the commission of an offence, the Registrar shall inform the Prosecutor of the relevant hearing and shall also inform the President of the hearing of the case, in brief, sufficiently expressive of the act, its circumstances and its perpetrator, within two days of the date on which they began to instruct him.

The Justices of the Peace shall immediately give an account of the prevention of the proceedings to the person responsible for the investigation.

It is amended by art. 2.34 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 309.

If the person against whom charges are brought is one of those who are subject under the special provision of the Organic Law to an exceptional court, after the first proceedings have been conducted and before the proceedings are conducted against him, he shall await the orders of the competent court for the purposes of the provisions of the second and final paragraphs of the fifth of article 303 of this Law.

If the offence is one of those who give rise to pretrial detention under this Act and the alleged offender has been caught in flagrante, he may of course be arrested and detained, if necessary, without prejudice to the provisions of the preceding paragraph.

Article 309 bis.

Where the terms of the complaint or of the circumstantial relation of the act in the complaint, as well as when any procedural action results in the charge of an offence being brought against a person or persons, the prosecution of which is attributed to the Jury Court, the Judge shall initiate the procedure provided for in its regulatory law, in the manner set out therein, the charge shall immediately be brought to the attention of the accused.

The Public Prosecutor ' s Office, other parties in person, and the person under investigation in any event, may so request, and the judge must decide within the time of a hearing. If you do not do so, or reject the petition, the parties may appeal directly to the Provincial High Court, which will decide within eight days, by obtaining the report of the Instructor by the fastest means.

The term "imputed" is replaced by "investigated" by article 21.1 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Article 310.

The investigating judges may delegate to the municipal authorities the practice of all acts and proceedings which this law does not reserve exclusively to the former when any justified cause prevents them from perpetrating in their own right. But they will endeavour to exercise this power in a moderate manner, and the immediate higher court will be careful to prevent and correct the unjustified frequency of these delegations.

Article 311.

The judge conducting the investigation shall carry out such proceedings as may be proposed to him by the Public Prosecutor ' s Office or by any of the parties concerned if he does not consider them to be useless or harmful.

An appeal may be lodged against the decision refusing the requested proceedings, which shall be accepted in one place before the competent court or tribunal.

If the Prosecutor is not present in the same locality as the investigating judge, instead of appealing, he shall appeal to the competent court, accompanied by such evidence as he considers necessary, the testimony of which shall be provided by the investigating judge, and, upon his report, the Court shall agree as it deems appropriate.

Article 312.

When a complaint is brought, the investigating judge shall, after admitting it if appropriate, order the proceedings to be carried out, except those which he considers to be contrary to the law or unnecessary or prejudicial to the object of the complaint, which he shall refuse in a reasoned decision.

Article 313.

He shall dismiss the complaint in the same manner if the facts on which it is based do not constitute an offence, or if he does not consider himself competent to investigate the case.

An appeal shall be lodged against the order referred to in this article and shall be admissible in both cases.

Article 314.

The proceedings requested and denied in the case file may be re-proposed in the oral proceedings.

Article 315.

The judge shall state how many proceedings are carried out at the request of a party.

Only those ordered ex officio shall be recorded in the record, the result of which is conducive to the object of the proceedings.

Article 316.

(Repealed)

It is repealed by art. 1 of Law 53/1978 of 4 December. Ref. BOE-A-1978-29842.

Article 317.

The municipal judge shall have the same powers as the investigating judge not to inform the particular complainant of the proceedings he or she is conducting.

Article 318.

However, the duty imposed on municipal judges to investigate the first steps in the case, when the investigating judge has received information of an offence of a serious nature, or whose verification is difficult due to special circumstances, or which has caused alarm, shall immediately be transferred to the place of the offence and shall proceed to the investigation, taking charge of the proceedings carried out by the municipal judge, and receiving the inquiries and information provided by the judicial police officers. The time required to carry out all the proceedings whose delay may be of inconvenience shall remain in that place.

Article 319.

Where the Public Prosecutor of the relevant Court has knowledge of the commission of any of the offences set forth in the preceding article, he shall move in person, or agree that any of his subordinates shall be transferred to the place of the event in order to contribute to the best and most prompt clarification of the facts, if such or more serious occupations do not prevent him, without prejudice to proceeding in the same way in any other case in which he considers it appropriate.

Article 320.

The intervention of the civil actor in the proceedings shall be limited to the practice of those proceedings which may lead to the best success of their action, which the examining magistrate has assessed at his discretion.

Article 321.

The investigating judges shall bring the matter before their Secretaries.

In urgent and extraordinary cases, in the absence of these, they may proceed with the intervention of a Notary or two good men of legal age, who can read and write, who will swear to keep faithful and secret.

Article 322.

The proceedings in the case of the inquiry to be carried out outside the district of the investigating judge or the term of the municipal judge ordering them shall take place in the manner set out in Title VIII of Book I, and shall be reserved for all those who are not required to intervene in them.

Article 323.

Notwithstanding the provisions of the preceding article, where the place where proceedings are to be conducted is outside the jurisdiction of the investigating judge, but where the investigating judge is close to the point at which the latter is located, and where there is a danger of delaying such proceedings, he may execute the case himself, giving immediate notice to the competent judge.

Article 324.

1. The judicial investigation shall be conducted within a maximum period of 12 months of the initiation of the case.

If, prior to the end of the period, it is found that it will not be possible to complete the investigation, the judge, on his own motion or at the request of a party, after hearing the parties, may agree to successive extensions for periods of six months or less.

Extensions shall be adopted by order stating the reasons for the failure to complete the investigation in due time, as well as the specific steps that need to be taken and their relevance to the investigation. Where appropriate, the refusal of the extension shall also be agreed by reasoned decision.

2. The investigation procedures agreed prior to the expiry of the period or its extensions shall be valid, even if they are received after the expiry of the period.

3. If, before the end of the period of time or of any of its extensions, the investigator has not issued the decision referred to in paragraph 1, or is revoked by appeal, the measures agreed from that date shall not be valid.

4. The judge shall complete the investigation when he understands that he has fulfilled his purpose. After the maximum period of time or its extensions, the investigator shall issue an order for the conclusion of the case or, in the abbreviated proceedings, the appropriate decision.

It is amended by the sole article of Law 2/2020 of 27 July. Ref. BOE-A-2020-8633

The transitional provision of the Act should be taken into account for the proceedings in progress.

It is amended by article 6 of Act No. 41/2015 of 5 October. Ref. BOE-A-2015-10726.

See, as regards the application cases, the single transitional provision.3 of the Act.

The first paragraph is amended by Article 1. 2.35 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 325.

The judge, ex officio or at the request of a party, for reasons of utility, security or public order, and in cases where the appearance of a person who is to intervene in any type of criminal proceedings such as the investigation or prosecution, witness, expert or otherwise is particularly burdensome or harmful, may agree that the appearance shall be made through videoconference or other similar system allowing the two-way and simultaneous communication of the image and sound, in accordance with paragraph 3 of the Article 229 of the Organic Law on the Judiciary.

The noun "imputed" is replaced by "investigated or prosecuted" by article 22.2 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

It is amended by art. 4.2 of Organic Law 13/2003 of 24 October. Ref. BOE-A-2003-19748.

It is repealed by Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612.

TITLE V

Evidence of the offence and investigation of the offender

Chapter I

Eye inspection

Article 326.

Where the offence in question has left traces or material evidence of its commission, the investigating judge or the person who makes his/her own request shall order that they be collected and kept for oral trial if possible, for the purpose of the eye inspection and description of all that may be related to the existence and nature of the act.

To this end, it shall record in the records the description of the place of the offence, the place and state of the objects therein, the accidents on the ground or the situation of the rooms and any other details that may be used, both for the prosecution and for the defence.

Where traces or traces of evidence have been identified and the biological analysis of which may contribute to the clarification of the fact under investigation, the investigating judge shall adopt or order the judicial police or forensic doctor to take the necessary measures to ensure that the collection, custody and examination of such samples is verified under conditions guaranteeing their authenticity, without prejudice to article 282.

The first paragraph is amended by Article 1. 2.36 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

The third paragraph is added by final provision 1.1.b of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538.

Article 327.

Where it is desirable for the sake of clarity or verification of the facts, the sufficiently detailed map of the place shall be drawn up, or a portrait shall be made of persons who have been the object of the offence, or the copy or design of the effects or instruments of the offence which have been found.

Article 328.

In the case of theft or any other offence committed with fracture, escalation or violence, the investigating judge shall describe the vestiges left by him and consult the expert opinion on the manner, instruments, means or time of the execution of the offence.

Article 329.

In order to give effect to the provisions of the preceding articles, the investigating judge may order that persons found at the place of the offence and those found at any other place close to them should not be absent during the description procedure, and that they should also appear immediately and receive the appropriate declaration separately.

Article 330.

Where there have been no traces or traces of the offence which gave rise to the investigation, the investigating judge shall, if possible, ascertain whether the disappearance of material evidence has occurred naturally, by chance or intentionally, and the causes thereof or the means used for that purpose, and shall then proceed to the collection and recording of evidence of any kind that may be acquired concerning the commission of the offence.

Article 331.

Where the offence is one of those who leave no trace of its commission, the investigating judge shall endeavour to record by witness statements and by other means of verification the execution of the offence and its circumstances, as well as the pre-existence of the thing where the offence was intended to have been taken away from it.

Article 332.

All proceedings covered by this chapter shall be carried out in writing in the very act of the eye inspection and shall be signed by the examining magistrate, the Prosecutor, if he attends the act, the Registrar and any persons present.

Article 333.

If, in carrying out the proceedings listed in the preceding articles, any person found to have been prosecuted as an alleged perpetrator of the punishable act may witness them either alone or assisted by the defence counsel who elects or is appointed to him ex officio, if he so requests; either of them may make such observations as they deem appropriate, which shall be duly recorded if they are not accepted.

For this purpose, the Registrar shall notify the accused of the agreement relating to the practice of the proceedings with such anticipation as may permit its nature and shall not be suspended because of the failure of the accused or his defence counsel to appear. The same right applies to persons deprived of their liberty on account of these proceedings.

The second paragraph is amended by Art. 2.37 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Chapter II

The body of the crime

Article 334.

The investigating judge shall order that in the first moments the weapons, instruments or effects of any kind which may be related to the offence be collected and found in the place where the offence was committed, or in its vicinity, or in the hands of the accused, or in another known party. The judicial secretary shall extend an expressive investigation of the place, time and occasion in which they are found, describing them in detail so that they can be fully understood and the circumstances of their finding.

The investigation shall be signed by the person in whose possession they are found, and the court order in which they are ordered to be collected shall be notified thereof.

The person affected by the seizure may at any time appeal the measure to the investigating judge. Such an appeal shall not require the intervention of a lawyer when presented by third parties other than the accused. The appeal shall be deemed to have been brought if the person concerned by the measure or a family member of his or her majority had expressed their disagreement at the time of the measure.

The effects of the victim of the offence shall be immediately returned to it, except that they should exceptionally be retained as evidence or for the conduct of other proceedings, and without prejudice to their restitution as soon as possible. The effects will also be restored immediately when they are to be kept as evidence or for the practice of other proceedings, but their preservation can be guaranteed by imposing on the owner the duty to keep them at the disposal of the judge or court. In any event, the victim may appeal against this decision in accordance with the provisions of the preceding paragraph.

The third and fourth paragraphs are added by final provision 1.10 of Law 4/2015 of 27 April. Ref. BOE-A-2015-4606.

The first paragraph is amended by Article 1. 2.38 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 335.

In view of the person or object of the offence, the investigating judge shall describe in detail his or her status and circumstances, and in particular all those relating to the punishable act.

If the offence of counterfeiting is committed in documents or effects existing in public administration units, it is essential to have them before the court for expert examination and examination by the judge or court, the judicial registrar shall request them from the relevant authorities, without prejudice to returning them to the respective official centres after the completion of the case.

The second paragraph is amended by Art. 2.39 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 336.

In the cases of the two preceding articles, the judge shall also order the recognition by experts, provided that it is indicated in order to better assess the relationship with the offence, of the places, weapons, instruments and effects to which those articles relate, with due diligence in recording the recognition and the expert report.

The accused and his counsel may also attend this procedure in accordance with the terms of article 333.

Article 337.

Where, in the act of describing the person or object of the offence and the places, weapons, instruments or effects related thereto, persons are present or known to be able to testify about the manner and manner in which the offence was committed, and the causes of the alterations observed in such places, weapons, instruments or effects, or about their former status, shall be examined immediately after the description, and their statements shall be considered as supplemental to the description.

Article 338.

Without prejudice to Chapter IIa of this Title, the instruments, weapons and effects referred to in Article 334 shall be collected in such a way as to ensure their integrity and the Judge shall agree to their retention, retention or dispatch to the appropriate body for storage.

It is amended by art. 2.40 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

It is amended by final provision 1.1 of Law 18/2006 of 5 June 2006. Ref. BOE-A-2006-9959.

The fourth and fourth subparagraphs are added as the last paragraph by final provision 1.2.d of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538.

Article 339.

If it is appropriate to receive any expert report on the means used for the disappearance of the body of the offence, or on evidence of any kind that has been collected in its absence, the judge shall immediately order it in the manner provided for in chapter VII of the same title.

Article 340.

If the investigation takes place because of violent death or suspected crime, before the burial of the body or immediately after its exhumation, as described in article 335, it shall be identified by witnesses who, in the light of the body, give satisfactory reason for their knowledge.

Article 341.

In the absence of witnesses of knowledge, if the condition of the body permits, the public shall be exposed before the autopsy is carried out, for at least twenty-four hours at the time, by means of a sign, which shall be fixed at the door of the body deposit, the place, time and day on which the body was found and the judge conducting the investigation, so that whoever has any information that may contribute to the examination of the body or to the clarification of the offence and its circumstances shall inform the investigating judge.

Article 342.

Where, despite such precautions, the body is not recognized, the judge shall order that all personal effects with which he has been found be collected, so that they may be used in due course to make identification.

It is amended by art. 2.41 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 343.

In the summaries referred to in Article 340, even if the external inspection may be presumed to cause death, the body shall be autopsied by forensic doctors or, where appropriate, by whom the judge designates, who, after describing exactly that operation, shall inform about the origin of the death and its circumstances.

For the purpose of performing the autopsy, the provisions of Article 353 shall be observed.

Article 344.

Under the name of a forensic doctor, there shall be in each investigating court a physician who is responsible for assisting the administration of justice in all cases and proceedings where the intervention and services of his profession are necessary or desirable at any point in the judicial demarcation.

Article 345.

The medical examiner shall reside in the capital of the court for which he has been appointed, and shall not be absent from it without the licence of the judge, the president of the court hearing or the minister of grace and justice, depending on whether it is for eight days at most, in the first case, twenty days in the second and for such time as the minister deems appropriate in the third.

Article 346.

In the absences, illness and vacancies, the forensic physician shall be replaced by another teacher who holds the same position in the same population, and if there is not, the one appointed by the judge, reporting to the President of the Court of Criminal Matters.

The same will happen when for any other reason the investigating judge of the forensic doctor could not avail himself. Those who refuse or evade this duty shall be fined from 125 to 500 pesetas.

Article 347.

The forensic physician is obliged to perform any act or diligence proper to his profession and institute with the zeal, care and promptness that the nature of the case requires and the administration of justice requires.

Article 348.

Where, in any case, in addition to the intervention of the forensic physician, the judge considers the cooperation of one or more physicians necessary, he shall make the appropriate appointment.

The provisions of the preceding paragraph shall also take place when, owing to the seriousness of the case, the forensic physician believes that the cooperation of one or more co-professors is necessary and the judge considers it to be so.

Article 349.

Provided that it is compatible with the proper administration of justice, the judge may prudently grant a term to the forensic doctor to give his or her statements, to evacuate reports and consultations and to draft other documents as necessary, also allowing him or her to designate the most appropriate hours for performing the autopsy and exhumation of the bodies.

Article 350.

In cases of poisoning, injury or other injury, the forensic physician, who is responsible for the optional assistance of the patient, shall remain, unless the patient or his family prefers that of one or more teachers of his or her choice, in which case he or she shall retain the inspection and surveillance that he or she has to perform the corresponding forensic medical service.

The accused shall have the right to appoint a teacher who, with those appointed by the investigating judge or the person appointed by the prosecuting party, intervenes in the care of the patient.

Article 351.

Where the forensic physician or, failing that, the person appointed or appointed by the investigating judge is not in conformity with the treatment or curative plan used by the physicians appointed by the patient or his family, they shall report to the investigating judge for the purposes that they may be in court. The same may be done, where appropriate, by the physician appointed by the accused.

The examining magistrate shall, when such discord results, appoint more teachers to express his or her opinion and record all the necessary information, be taken into account when the case is to be adjudicated.

Article 352.

The provisions of the preceding articles apply when the patient enters the prison, hospital or other establishment and is assisted by the Optionals thereto.

Article 353.

Autopsies shall be carried out in a public place in each town or party to be designated by the Administration for the object and for the storage of bodies. The investigating judge may, however, order, where he deems it appropriate, that the operation be carried out in another place or at the home of the deceased, if his family so requests, and this shall not prejudice the success of the investigation.

If the investigating judge is unable to attend the anatomical operation, he shall delegate to a judicial police officer, testifying to his attendance and to what happens in that case, the case clerk.

Article 354.

Where the death occurs as a result of an accident on the railways on the way to a train in progress, the train shall only be stopped for the time necessary to separate the body or bodies from the track, with prior notification of their situation and status, either by the judicial police authority or officer immediately present at the site of the accident, or by those accidentally present on the same train, or, in the absence of such persons, by the highest-ranking employee in whose charge it is, the employees or agents of the Government must be preferred in the case.

Provision shall also be made to ensure that, without prejudice to following the train, the Authority which is required to carry out the first steps and to agree on the removal of the corpses is notified and that the persons referred to above shall promptly collect the precise data and background, which they shall notify as soon as possible to the Authority competent for the initial steps to be taken in order that the cause of the accident may be clarified.

Article 355.

If the criminal act that causes the formation of a case by any person consists of injuries, the Physicians who assist the injured person shall be obliged to give part of their condition and advances in the periods indicated to them, and immediately any new development that deserves to be brought to the attention of the investigating judge.

Article 356.

Chemical analysis operations that require the substantiation of criminal proceedings shall be carried out by Doctors in Medicine, Pharmacy, Physical-Chemical Sciences, or by Engineers who have dedicated themselves to the chemical specialty. If there are no Doctors in those sciences, they may be appointed Bachelors who have sufficient knowledge and practice to perform such operations.

The investigating judges shall designate, among those covered by the preceding paragraph, experts to carry out the analysis of the substances required by the administration of justice in each case.

Where the judicial party in which the proceedings are conducted does not have any expert opinion referred to in the first subparagraph, or are legally or physically unable to carry out the analysis by those who reside in the first subparagraph, the examining magistrate shall bring it to the attention of the President of the Criminal Chamber or Hearing, and the latter shall appoint the expert or expert to perform such service from among the persons who designate the first paragraph domiciled in the territory. At the same time, it shall inform the investigating judge of the appointment of experts to make available, with due care and formalities, the substances to be analysed.

The accused or accused shall have the right to appoint an expert who meets those appointed by the judge.

Article 357.

The above-mentioned Professors shall render this service in the concept of expert holders, and may not refuse to do so without just cause, if otherwise applicable to the provisions of the second paragraph of article 346.

Article 358.

Each of the above-mentioned Professors who reports as an expert under a court order, shall receive for his fees and compensation the expenses incurred by the performance of this service, the amount set forth in the regulations, not being obliged to work more than three hours per day, except in urgent or extraordinary cases, which shall be stated in the records.

Article 359.

After the analysis has been completed and the corresponding declaration has been signed, the teachers shall pass on to the investigating judge or the President of the Criminal Chamber or Hearing, where appropriate, a signed note of the objects or substances analysed and the fees corresponding to them in accordance with the provisions of the preceding article.

The Court shall address this note, with the observations it believes fair, to the President of the Criminal Court, who shall send it to the Ministry of Grace and Justice, not to find excessive the number of hours that are supposed to be used in any analysis, in which case it shall agree to report three co-professors of which it has verified it, and in view of its opinion, confirm or reduce the fees claimed to what is fair, referring everything with its report to the Ministry.

The President of the Hearing shall also do the same when the analysis has been carried out during the oral proceedings.

Article 360.

The Minister of Grace and Justice may also, before ordering payment, request a report and, where appropriate, re-appraisal thereof from the Academy of Exact, Physical and Natural Sciences, and in view of what this Corporation has stated or of the new valuation it has carried out, confirm the fees or reduce them to what will be fair, and order their payment.

Article 361.

In order to verify this, the Minister of Grace and Justice shall include in the budgets of each year the amount that is deemed necessary.

Article 362.

The above-mentioned professors may not claim other fees than those previously established under this service, nor may they require the judge or court to provide them with the material laboratory or reagent means, nor may it require junior assistants to fulfil their duties.

Where it is not possible to carry out the analysis in the district of the Court of Criminal Matters due to lack of experts, laboratory or reagents, it shall be carried out in the provincial capital, and at the last extreme in that of the Kingdom.

Article 363.

The courts and tribunals shall order the practice of chemical analysis only in cases where they consider it absolutely indispensable for the necessary judicial investigation and the proper administration of justice.

Where there are substantiated reasons for this, the investigating judge may, in a reasoned decision, agree to obtain biological samples from the suspect which are indispensable for the determination of his DNA profile. To this end, it may decide on the practice of any acts of inspection, recognition or bodily intervention which are appropriate to the principles of proportionality and reasonableness.

The second paragraph is added by final provision 1.1.c of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538.

Article 364.

In the offences of theft, theft, fraud and in any other offence in which the pre-existence of stolen, stolen or conned things must be recorded, if there are no eyewitnesses to the act, information shall be received as to the background of the person who is presented as an aggrieved person, and as to all circumstances which give evidence of his being found possessing them at the time when the offence is committed.

Article 365.

Where it is necessary to estimate the value of the object of the offence or the amount of the damage caused or which may have been caused to it in order to qualify the offence or its circumstances, the judge shall hear the owner or the injured party, and shall then agree on expert recognition in the manner set out in Chapter VII of the same title. The judicial secretary shall provide the appointed experts with the facts and direct elements of assessment on which the report is to be based. If such effects are not at the disposal of the judicial body, the judicial registrar shall provide them with the appropriate information which may be collected, in order to ensure that they make the valuation and regulation of damages in a prudent manner, in accordance with the data provided.

The valuation of the goods taken from commercial establishments shall be fixed on the basis of their selling price to the public.

It is amended by art. 2.42 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

The second paragraph is added by final provision 1.2.e of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538.

Article 366.

The proceedings referred to in this chapter and in the preceding chapter shall be conducted in preference to the other proceedings before the court, not suspending their execution but in order to secure the person of the alleged offender or to provide the necessary assistance to those aggrieved by the offence.

Article 367.

In no case shall the judge admit during the proceedings any claims or third parties that have the purpose of returning the effects of the body of the offence, whatever its class and the person claiming them.

It is amended by art. 2.43 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Chapter II bis

The destruction and early realization of judicial effects

It is added by final provision 1.2 of Law 18/2006 of 5 June 2006. Ref. BOE-A-2006-9959.

Text added, published on 06/06/2006, in force from 07/06/2006.

Article 367 bis.

They shall have regard to judicial effects, in the criminal order, all assets placed at the disposal of the courts, seized, seized or seized in the course of criminal proceedings.

It is added by final provision 1.2 of Law 18/2006 of 5 June 2006. Ref. BOE-A-2006-9959.

Text added, published on 06/06/2006, in force from 07/06/2006.

Article 367 ter.

1. The destruction of the judicial effects may be ordered, leaving sufficient evidence, where necessary or appropriate by the very nature of the effects involved or by the actual or potential danger associated with their storage or custody, after hearing the Public Prosecutor and the owner, if known, or the person in whose possession the effects intended to be destroyed were found.

In the case of toxic drugs, narcotic drugs or psychotropic substances, the administrative authority in whose custody they are, after having made the relevant analytical reports, ensured the preservation of the minimum and essential samples which, according to scientific criteria, are necessary to ensure further verification or investigation, and upon communication to the investigating judge, shall immediately destroy them if, after one month after the date of the completion of the investigation, the judicial authority has not ordered by reasoned decision the complete preservation of those substances. In any event, the preserved shall always be kept at the disposal of the competent judicial body.

2. In any event, the Registrar shall extend the necessary diligence and, if destruction has been agreed upon, the nature, quality, quantity, weight and measure of the effects destroyed shall be recorded in the records. If there is no prior valuation, its value shall also be recorded when its fixation is impossible after destruction.

3. The provisions of the two preceding paragraphs shall also apply to the effects involved in the commission of offences against intellectual and industrial property. It may also be destroyed in advance once such effects have been examined expertly, ensuring the preservation of the samples necessary to ensure further verification or investigation, unless the judicial authority agrees by reasoned decision to their full preservation within one month of the request for destruction.

4. If objects cannot, by their nature, be preserved in their primitive form, the judge shall decide what he deems appropriate to preserve them in the best possible manner.

Paragraph 3 is amended by final provision 2.3 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Paragraph 1 is amended by Article 4 of Royal Decree-Law 3/2013, of 22 February. Ref. BOE-A-2013-2029.

Take transitional provision 2 into account for its application.

It is amended by art. 2.44 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Please note that this article was already established by Law 18/2006 of 5 June 2006.

It is added by final provision 1.2 of Law 18/2006 of 5 June 2006. Ref. BOE-A-2006-9959.

Text added, published on 06/06/2006, in force from 07/06/2006.

Article 367 quater.

1. Legal trade effects may be carried out, without waiting for the judgement to be delivered or final, and provided that the facts are not of conviction or must be at the expense of the proceedings, in any of the following cases:

(a) When they are perishable.

(b) When the owner expressly abandons them.

(c) Where the maintenance and storage costs are higher than the value of the object itself.

(d) Where their preservation is likely to be hazardous to public health or safety, or to lead to a significant decrease in their value, or may seriously affect their usual use and functioning.

(e) In the case of effects which, without material impairment, are substantially depreciated over time.

(f) When the owner, duly requested about the purpose of the judicial effect, does not demonstrate any evidence.

2. Where any of the cases referred to in the preceding subparagraph is present, the judge, acting on his own motion or at the request of the Public Prosecutor's Office, the parties or the Office for Asset Recovery and Management, and after hearing the person concerned, shall agree to carry out the judicial effects, unless one of the following circumstances occurs:

(a) An appeal against the seizure or confiscation of property or effects by the person concerned is pending.

(b) The measure may be disproportionate in view of the effects it may have on the individual concerned and, in particular, of the greater or lesser relevance of the evidence on which the interim confiscation order was based.

3. By way of derogation from the preceding paragraphs, where the property concerned is seized in execution of an agreement adopted by a foreign judicial authority pursuant to the Mutual Recognition of Criminal Decisions Act in the European Union, its performance may not be carried out without obtaining prior authorization from the foreign judicial authority.

Paragraphs 2 and 3 are amended by final provision 2.4 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is added by final provision 1.2 of Law 18/2006 of 5 June 2006. Ref. BOE-A-2006-9959.

Text added, published on 06/06/2006, in force from 07/06/2006.

Article 367 quinquies.

1. The performance of judicial effects may consist of:

(a) Delivery to non-profit entities or public administrations.

(b) Implementation through a specialized person or entity.

(c) Public auction.

2. The judicial effect may be handed over to non-profit entities or to public administrations where it is of negligible value or it is expected that the performance by means of a specialized person or entity or through public auction will be uneconomical.

3. The judicial effects shall be carried out in accordance with the procedure to be determined by regulation. Notwithstanding the foregoing, a hearing shall be granted to the Public Prosecutor ' s Office and to the persons concerned prior to its agreement.

The proceeds of the realization of the effects, assets, instruments and gains shall apply to the expenses incurred in the preservation of the property and in the procedure for the performance of the property, and the excess portion shall be entered in the appropriation account of the court or tribunal, and shall affect the payment of civil liabilities and costs declared, if any, in the proceedings. It may also be assigned, in full or in part, definitively, in accordance with the terms and procedure established by the regulations, to the Office of Asset Recovery and Management and to the organs of the Public Prosecutor responsible for the suppression of the activities of criminal organizations. This is without prejudice to the provisions of the Fund for Assets Confiscated for Illicit Drug Trafficking and Other Related Crimes.

In the case of the performance of an asset seized or confiscated by an order of a foreign judicial authority, the provisions of the Mutual Recognition of Criminal Decisions Act in the European Union shall apply.

Paragraph 3 is amended by final provision 2.5 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is added by final provision 1.2 of Law 18/2006 of 5 June 2006. Ref. BOE-A-2006-9959.

Text added, published on 06/06/2006, in force from 07/06/2006.

Article 367 sexies.

1. The provisional use of the goods or effects may be authorized in the following cases:

(a) Where the circumstances set out in Article 367c(1)(b) to (f) are present and the use of the effects allows the Administration to exploit their value more than with advance performance, or the advance performance of the effects is not considered appropriate.

(b) In the case of effects which are particularly suitable for the provision of a public service.

2. Where any of the cases referred to in the preceding paragraph is present, the judge, ex officio or at the request of the Public Prosecutor or the Office for Recovery and Management of Assets, and after hearing the person concerned, shall authorise the provisional use of the judicial effects, unless one of the circumstances set out in the second subparagraph of Article 367c(2) occurs.

3. It will be for the Office of Asset Recovery and Management to decide, as provided for by law and regulation, on the allocation of the use of the precautionaryly confiscated effects and on the conservation measures to be adopted. The office shall inform the judge or court, and the prosecutor, of what it has agreed.

It is amended by final provision 2.6 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is added by final provision 1.2 of Law 18/2006 of 5 June 2006. Ref. BOE-A-2006-9959.

Text added, published on 06/06/2006, in force from 07/06/2006.

Article 367 septies.

The judge or court, on its own initiative or at the request of the Public Prosecutor ' s Office or the Office for Asset Recovery and Management itself, may entrust the Office for Asset Recovery and Management with the task of locating, preserving and administering the effects, assets, instruments and proceeds arising from criminal activities committed within the framework of a criminal organization.

The organisation and operation of that Office shall be regulated by regulation.

It is amended by final provision 2.7 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is added by final provision 1.3 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953.

Text added, published on 23/06/2010, in force from 23/12/2010.

Chapter III

The identity of the offender and his personal circumstances

Article 368.

The persons responsible for the charge of a particular person must recognize him or her in court, if the investigating judge, the accusers or the accused himself or herself reasonably agree with the procedure for the identification of the latter, with regard to the appointees, so that he or she does not offer any doubt who the person to whom they refer.

Article 369.

The examination shall be carried out in the light of the person to be examined, and shall be accompanied by other persons of similar external circumstances. In the presence of all of them, or from a point where it is not possible to be seen, according to the judge it seems more convenient, the person who has to practise the recognition shall state if the person to whom he has referred in his statements is on the wheel or group, if yes, clearly and determinedly.

All the circumstances of the act and the names of all those who formed the wheel or group shall be recorded in the proceedings.

Article 370.

Where several persons are to recognize a person, the diligence expressed in the preceding article shall be performed separately with each of them, without being able to communicate with each other until the last recognition has been made.

Where several persons are to be recognized by the same person, everyone may be recognized in one act.

Article 371.

Anyone who detains or apprehends an alleged offender shall take the necessary precautions to ensure that the detainee or prisoner does not make any alteration in his or her person or suit that may hinder his or her recognition by the person concerned.

Article 372.

Precautions must be taken by the prison governors and the heads of the detention facilities; and if there is a regulatory suit in their places of office, they shall carefully keep the one carried by the prisoners or detainees upon entering the establishment, so that they may dress it as often as is appropriate for the purpose of examination.

Article 373.

If there is any doubt as to the identity of the accused, it shall be sought to prove the identity of the accused by all means conducive to the object.

Article 374.

The judge shall record, with the necessary detail, the personal details of the accused, so that the proceedings may be used as evidence of his identity.

Article 375.

In order to establish the age of the accused and to verify the identity of his person, the judicial secretary shall bring to the record the certification of his birth registration in the Civil Registry or of his baptismal certificate, if he is not registered in the Registry.

In any event, where it is not possible to ascertain the civil or parish register in which the birth or baptism of the accused must be recorded, or where his registration and departure do not exist; and where, on the grounds that the accused is born at a distant point, there is a need to spend a long time in bringing to the cause the appropriate certification, the case shall not be stopped, and the document of the previous article shall be supplemented by reports concerning the age of the accused, and after his physical examination, the forensic doctors or those appointed by the judge shall be given.

The first paragraph is amended by Article 1. 2.45 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 376.

When he offers no doubt the identity of the defendant, and he is known to be of the age of the accused. Penal code requires in order to be able to demand criminal responsibility in all its extent, the justification expressed in the previous article may be dispensed with, if its practice offers any difficulty or causes extraordinary delays.

In successive proceedings and during the trial, the defendant shall be appointed by the name by which he is known or by which he himself claims to have.

Article 377.

If the investigating judge deems it appropriate, he may request reports on the accused from the mayors or the relevant police officers of the people or villages in which he or she resided.

These reports shall be substantiated, and if it is not possible to establish them, the cause shall be made manifest, which shall prevent it.

Those who give them shall not incur any liability, except in the case of serious misconduct or negligence.

Article 378.

The judge may also receive a statement of the defendant's conduct to all persons who, by reason of their knowledge of the accused, may illustrate to him about it.

Article 379.

The criminal record of the accused will be brought to the case, requesting those prior to the creation of the Central Register of Penalties of 2 October 1878, to the courts where it is presumed that they can record in their case, and those that follow exclusively to the Ministry of Grace and Justice.

The Head of the Registry in the Ministry is obliged to give the information requested, or negative certification, if any, within a period of three days from the date on which the request is received, justifying, if he does not do so, the legitimate cause that would have prevented him.

The courts shall also give priority to the performance of this service, and officials who postpone it must be disciplined.

Article 380.

If the accused is over nine years of age and under fifteen years of age, the judge shall receive information about the judge's judgement, and in particular about his ability to assess the criminality of the act that gave rise to the case.

In this information, the persons who can properly depose due to their personal circumstances and the relations they have had with the defendant before and after the fact has been executed will be heard. In their absence, two primary school teachers shall be appointed to examine the accused and to give their opinion together with the forensic doctor or the person who makes his/her own decisions.

Article 381.

If the judge warns the accused of evidence of mental alienation, he shall immediately be subjected to observation by the forensic doctors in the place where he was detained, or in another public if he is more purposeful or at liberty.

The Physicians shall then give their report in the manner set out in Chapter VII of this Title.

Article 382.

Without prejudice to the provisions of the preceding article, the judge shall receive information concerning the mental alienation of the accused, as provided for in article 380.

Article 383.

If the insanity occurred after the offence was committed, the case will be closed by the competent court until the defendant recovers his or her health, and the case will also be disposed of by the competent court. Spanish Criminal Code prescribes for those who execute the act in a state of dementia.

If there is any other person prosecuted for the same offence that is not found in the case of the previous one, the case will continue only with respect to the same.

Article 384.

Since there is a rational indication of criminality against a particular person, an order will be issued declaring the person prosecuted and ordering that the proceedings be understood with him in the manner and manner provided for in this title and in the others of this Law.

The accused may, from the moment of his/her appointment, advise himself/herself on the case, while he/she is not incommunicado, and use it, either to urge the prompt completion of the case file, or to request the practice of proceedings of interest to him/her, and to formulate claims affecting his/her situation. In the first case they may appeal to the High Court and in the other two appeals to the Court if the examining magistrate does not agree with their wishes.

Such appeals shall be admissible only in one instance.

In order to comply with this article, the investigating judge shall provide that the juvenile defendant shall be empowered by the Procurator and Advocate, unless he or she or his legal representative designates persons who deserve his or her confidence in such representation and defence.

An appeal for reform may be lodged against orders issued by the investigating judges, ordering the prosecution of any person, by the latter's representative, within three days of notification of the decision; and against orders refusing the reform, an appeal may be lodged within five days of notification of the decision refusing the appellant's representation. An appeal may also be lodged in a subsidiary way with an appeal for reform, in which case the examining magistrate shall declare the appeal admissible upon refusal of the appeal. If the reform is carried out, the proceedings agreed upon before the Court are terminated, the following paragraph shall apply as regards the reproduction of the application for prosecution before the Court.

In the case of refusals of prosecution, the application for reform shall be granted only to those who have applied for it, using it within three days of the notification. An appeal or any other appeal may not be used against the orders refusing the reform in question; however, the application for prosecution made by the party to whom it has been refused may be reproduced before the relevant court, if, if he avails himself of this right, he is present at the transfer referred to in article 627 of the same law, precisely within the time limit by which the transfer was granted to him. In such cases, when issuing the order under article 630, the Court shall rule on the merits of the case; and without being able to leave the decision to the investigator, when it considers the statements of indictment requested to be appropriate, it shall send the examining magistrate to make them. Those accused to whom these decisions of the investigator refer may directly use the appeal in an effect, without having to use the reform appeal in advance.

Where the decision of the reform appeal against an order refusing to prosecute is favourable to the appellant and, therefore, the first application for prosecution against the decision in which it is so declared is agreed, the representations of the defendants concerned may use the same reform and appeal appeals granted to the defendants directly in this same article.

Article 384 bis.

Sign a indictment and order pre-trial detention for an offence committed by an integrated person or related to armed gangs or terrorist or rebel individuals, the accused who is in public office or office shall automatically be suspended in the exercise of the duty for the duration of the prison situation.

Chapter IV

The statements of the defendants

Article 385.

The judge shall, on his own motion or at the request of the Public Prosecutor's Office or of the private plaintiff, have the accused give all the statements he deems appropriate for the investigation of the facts, without the private accuser or the civil actor being able to be present at the interrogation when the investigating judge so orders.

Article 386.

If the accused is detained, the first statement shall be received within 24 hours.

This period may be extended by an additional forty-eight, if serious proceedings are instituted, which shall be expressed in the order granting the extension.

Article 387.

(Repealed).

It is repealed by the sole derogation provision of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Article 388.

In the first statement, the defendant will be asked by his first name, paternal and maternal surname, nickname, if he had it, age, nature, neighborhood, state, profession, art, trade or way of life, if he has children, if he was previously prosecuted, for what offence, before which judge or court, what penalty was imposed, if he fulfilled it, if he can read and write and if he knows the reason why he has been prosecuted.

Article 389.

Any questions put to him in all statements to be made shall be directed to the investigation of the facts and to the participation in them of the accused and of the other persons who have contributed to the execution or concealment of them.

The questions will be direct, without being able to be made in a captivating or suggestive way by any means.

Nor may any kind of coercion or threat be employed with the accused.

Article 390.

The relationships made by the defendants or the answers given will be oral. However, the investigating judge may, always taking into account the circumstances of those persons and the nature of the case, allow them to write a written reply to their presence on points difficult to explain, or to consult their presence with notes or notes.

Article 391.

All objects constituting the body of the offence or which the judge deems appropriate shall be disclosed to the accused for recognition.

He shall be questioned about the provenance of such objects, their fate and the reason for having found them in his possession and, in general, shall always be questioned about any other circumstance leading to the clarification of the truth.

The judge may order the defendant, but without using any kind of coercion, to write to his presence some words or phrases, when this measure considers it useful to dispel doubts about the legitimacy of a written statement attributed to him.

Article 392.

When the accused refuses to answer or pretends to be mad, deaf or mute, the investigating judge shall warn him that, notwithstanding his silence and his simulated illness, the investigation shall continue.

In these circumstances the Registrar shall take the necessary action, and the examining magistrate shall investigate the truth of the illness which the accused appears to have in accordance with the provisions of the respective articles of Chapters II and VII of the same title.

Article 393.

When the examination of the accused is prolonged for a long time or the number of questions asked is so considerable that he has lost the serenity of mind necessary to answer the other questions that he must be asked, the examination will be suspended, granting the accused the time necessary to rest and recover the calm. The time spent on questioning shall always be recorded in the statement itself.

Article 394.

(Repealed)

It is repealed by the sole derogation provision.3 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612.

Article 395.

(Repealed).

It is repealed by the sole derogation provision of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Article 396.

The accused shall be allowed to make all the necessary statements for his exculpation or for the explanation of the facts, and the summonses he makes and the other measures he proposes shall be urgently evacuated, if the judge considers them to be conducive to the verification of his statements.

In no case may the accused be charged or counterclaimed, nor shall any part of the case be read other than his previous statements if he so requests, unless the judge has authorized the publicization of the case in whole or in part.

Article 397.

The accused may make the statements himself. If he does not do so, he shall do so by seeking, as soon as possible, to indicate the same words as those used.

It is amended by art. 2.46 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 398.

If the accused does not know the Spanish language or is deaf and dumb, Articles 440, 441 and 442 shall be observed.

Article 399.

Where the judge considers it appropriate to examine the defendant at the place of the facts concerning which he or she is to be examined, or before the persons or things connected with them, the provisions of article 438 shall be observed.

Article 400.

The accused may testify as often as he wishes, and the judge shall immediately receive the statement if it relates to the case.

Article 401.

The full questions and answers shall be stated in the statement.

Article 402.

The defendant may read the statement, and the judge shall inform him that this right is available to him.

If I do not use it, it will be read by the Secretary in your presence.

Article 403.

The provisions of Article 450 shall be observed in respect of cross-references or amendments.

Article 404.

The proceedings shall be signed by all those who have intervened in the proceedings and shall be authorized by the Registrar.

Article 405.

If in subsequent statements the defendant contradicts his first statements or retracts his previous confessions, he must be questioned about the motive of his contradictions and the causes of his retraction.

Article 406.

The confession of the accused shall not exempt the investigating judge from all necessary steps to obtain the conviction of the truth of the confession and of the existence of the offence.

To this end, the investigating judge shall examine the accused in confession so that he may explain all the circumstances of the offence and how much he may contribute to the verification of his confession, whether he was an author or an accomplice, and whether he knows any persons who are witnesses or have knowledge of the fact.

Article 407.

With regard to the incommunicado detention of accused persons, articles 506 to 511 shall be observed.

Article 408.

The accused shall not be informed of the grounds for the incommunicado order when notified, nor shall he be given a copy of it.

Article 409.

In order to receive a statement from the minor defendant, there will be no need to appoint him as a curator.

Article 409 bis.

Where a legal person has been charged, a statement shall be taken from the representative specially appointed by him, assisted by his Advocate. The statement shall be addressed to the investigation of the facts and to the participation in them of the entity concerned and of the other persons who may have also been involved in their implementation. Such a declaration shall be subject to the provisions of this chapter to the extent that it is not incompatible with its special nature, including the rights to remain silent, not to testify against itself and not to confess guilt.

However, the non-appearance of the person specially designated by the legal person for his representation shall determine that this act is concluded, on the understanding that he avails himself of his right not to declare.

It is added by art. 1.4 of Law 37/2011 of 10 October. Ref. BOE-A-2011-15937.

Added text, published 11/10/2011, in force from 31/10/2011.

Chapter V

Witness statements

Article 410.

All those who reside in Spanish territory, whether nationals or foreigners, who are not prevented, shall have an obligation to attend the judicial appeal to declare what they know about what is being asked if they are summoned to do so with the formalities prescribed by law.

Article 411.

They are exempt from the provisions of the preceding article: the King, the Queen, their respective consorts, the Crown Prince and the Kingdom Regents.

They are also exempt from the duty to declare diplomatic agents accredited in Spain, in any case, and administrative, technical or service personnel of diplomatic missions, as well as their family members, if they meet the requirements of the treaties.

Article 412.

1. They shall also be exempt from the judge's appeal, but not from declaring, in writing, the other persons of the Royal Family.

2. They are exempt from the judge's appeal, but not from testifying, being able to inform in writing of the facts of which they are aware on account of their position:

1. The President and the other members of the Government.

2. The Presidents of the Congress of Deputies and the Senate.

3. The President of the Constitutional Court.

4. The President of the General Council of the Judiciary.

5.o The Attorney General of the State.

6. The Presidents of the Autonomous Communities.

3. If it is appropriate to receive a statement from any of the persons referred to in paragraph 2 above on matters of which he has not been informed by reason of his position, the statement shall be taken at his home or official office.

4. Those who have held the positions referred to in paragraph 2 of this Article shall also be exempt from the judge's appeal, but not from testifying, being able to inform in writing of the facts of which they have become aware by reason of their position.

5. They shall also be exempt from the judge's appeal, but not from declaring, being able to do so in their official office or at the seat of the organ of which they are members:

1o The Deputies or Senators.

2. The Judges of the Constitutional Court and the Members of the General Council of the Judiciary.

3. The Supreme Court Chamber Prosecutors.

4. The Ombudsman.

5. The judicial authorities of any judicial order of a higher rank than the one from which the declaration is received.

6. The Presidents of the Legislative Assemblies of the Autonomous Communities.

7. The President and the Permanent Councillors of the Council of State.

8. The President and the Councillors of the Court of Auditors.

9. The members of the Governing Councils of the Autonomous Communities.

10. The Secretaries of State, the Under-Secretarys and Assistant Secretaries, the Government Delegates in the Autonomous Communities and in Ceuta and Melilla, the Civil Governors and the Finance Delegates.

6. In the case of posts whose jurisdiction is territorially limited, the corresponding exemption shall apply only to declarations to be received in their territory, except for the Presidents of the Autonomous Communities and their Legislative Assemblies.

7. As for the members of the Consular Offices, the provisions of the international conventions in force will be complied with.

Article 413.

In order to receive the statement referred to in paragraph 3 of the preceding Article, the Judge shall, after giving notice, place the person concerned at the official address or office of the person concerned, indicating the day and time.

The judge shall likewise proceed to receive the statement of any person referred to in paragraph 5 of the preceding article, if it is to take place at his official office or at the seat of the body of which he is a member.

Article 414.

The resistance of any of the persons referred to in Article 412 (3) and (5) to receive the judge at his home or official residence, or to declare as much as they know about what is being asked about the facts of the case, shall be brought to the attention of the Public Prosecutor's Office for appropriate purposes.

If the persons referred to in paragraph 7 of that Article incur the resistance expressed, the Judge shall immediately inform the Ministry of Justice, transmitting instructive testimony, and shall refrain from any proceedings in respect thereof, until the Minister informs him of the decision on the case.

Article 415.

The persons referred to in the second subparagraph of Articles 411 and 412 (7) shall be invited to make their written declaration, with a written communication to the Ministry of Justice for Foreign Affairs, by means of an interrogation which includes all the points to be answered, so that they may do so through diplomatic channels.

Article 416.

They are exempt from the obligation to declare:

1. The relatives of the defendant in ascending and descending direct lines, his spouse or person united by de facto relationship analogous to the marriage, his or her consanguinal or uterine brothers and the consanguinal collaterals until the second civil degree. The examining magistrate shall warn the witness who is covered by the preceding paragraph that he is not obliged to testify against the accused; but that he may make such statements as he deems appropriate, and the Counsel of the Administration of Justice shall record the answer to this warning.

The provisions of the preceding paragraph shall not apply in the following cases:

1. (1) Where the witness has the legal representation or de facto custody of the minor victim or a person with disabilities in need of special protection.

2. In the case of a serious offence, the witness is of legal age and the victim is a minor or a person with disabilities in need of special protection.

3. Where the witness is unable to understand the meaning of the dispensation on account of his age or disability. To that end, the judge shall hear the person concerned in advance, and may seek the assistance of experts in order to resolve the matter.

4. When the witness is or has been present in the proceedings as a particular charge.

5.o When the witness has agreed to testify during the proceedings after having been duly informed of his right not to do so.

2. The defendant ' s lawyer in respect of the facts entrusted to him by him as counsel.

If any of the witnesses were in the relations referred to in the preceding paragraphs with one or more of the defendants, he would be obliged to testify in respect of the others, unless his testimony could compromise his relative or defendant.

3. The translators and interpreters of the conversations and communications between the accused, accused or accused and the persons referred to in the preceding subparagraph, in relation to the facts to which their translation or interpretation was related.

Paragraph 1 is amended by final provision 1.4 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

Paragraph 3 is added by Art. 1.9 of Organic Law 5/2015, of 27 April. Ref. BOE-A-2015-4605.

It is amended by art. 2.47 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 417.

They may not be compelled to testify as witnesses:

1. The ecclesiastics and ministers of the dissident cults, on the facts revealed to them in the exercise of the functions of their ministry.

2. Public officials, both civilian and military, of whatever kind they may be, if they cannot declare without violating the secret which they are obliged to keep on account of their office, or if, by virtue of due obedience, they are not authorized by their superior to make a statement as requested.

3. The physically or morally disabled.

Article 418.

No witness may be compelled to testify about a question whose answer may be materially or morally harmful and in a direct and material manner, either to the person or to the fortune of any of the relatives referred to in article 416.

Except for the case in which the offence is of the utmost gravity because of the security of the State, public tranquillity or the sacred person of the King or his successor.

Article 419.

If the witness is physically prevented from appealing, the examining magistrate who receives the statement shall be established at his or her home, provided that the questioning is not to endanger the life of the patient.

Article 420.

Anyone who, without being prevented from attending the first judicial appeal, except the persons referred to in article 412 or who refuses to declare what he knows about the facts concerning which he is being asked, unless he is covered by the exemptions in the preceding articles, shall be fined from 200 to 5,000 euros, and if he persists in his resistance he shall in the first case be brought before the examining magistrate by the agents of the authority and prosecuted for the offence of obstruction of justice established in the Article 463.1 of the Criminal Code, and in the second case he will also be persecuted for serious disobedience to authority.

The fine shall be imposed on the act of noticing or committing the offence.

The first paragraph is amended by Article 1. 4.2 of Law 38/2002 of 24 October. Ref. BOE-A-2002-20823.

Article 421.

The investigating or municipal judge, if any, shall have the opportunity to attend and examine the witnesses referred to in the complaint or in the complaint, or in any other statement or inquiry, and all others who know facts or circumstances, or possess information suitable for the verification or investigation of the offence and of the offender.

However, efforts will be made to omit the evacuation of impertinent or useless appointments.

Article 422.

If the witness resides outside the party or municipal term of the judge conducting the investigation, the judge shall refrain from having him appear in his presence, unless he considers it absolutely necessary for the verification of the offence or for the recognition of the person of the offender, ordering him in this case by reasoned order.

It should also prevent the appearance of public surveillance employees who have their residence at a point other than the capital of the Court, stationmasters, drivers, campers, drivers, telegraphers, factors, collectors, guards or other agents performing similar functions, to whom it shall cite, through its immediate chiefs, when their appearance is absolutely indispensable.

Article 423.

In the case of the general rule covered by the first paragraph of the preceding article, as well as in the case of the second, where the urgency of the statement is such that it does not permit the consequent delay in summoning the witness through his immediate chiefs, and the employee concerned is not able to leave the service he renders without serious danger or extortion to the public, the investigating judge in the case shall commission to receive the statement to which he is from the municipal term or from the party in which the witness is found.

Article 424.

If the witness resides abroad, the foreign judge competent to receive the statement shall address the application through diplomatic channels and through the Ministry of Grace and Justice. The application must contain the necessary background and indicate the questions to be asked to the witness, without prejudice to the extension of the witness's discretion and prudence.

If the presence of the witness before the examining magistrate or court is indispensable and does not appear voluntarily, the Minister of Grace and Justice shall be informed to adopt such decision as he deems appropriate.

Article 425.

If the person called to testify exercises public functions or office, at the same time as the summons is made, the immediate superior shall be notified to appoint him as a substitute during his absence, if the public interest or security so requires.

Article 426.

Witnesses shall be summoned in the form set forth in Title VII of Book 1 of this Code.

Article 427.

Where the witness is not required to appear before the examining magistrate in order to give the statement, the evidence shall be recorded in the request, exhortation or order stating the circumstances necessary for the designation of the witness and the questions to be answered, without prejudice to those which the judge or tribunal receiving the statement considers appropriate to him or her for further clarification of the facts.

Article 428.

The Registrar of the examining magistrate who is to authorize the declaration shall issue the document provided for in article 175, in all the circumstances expressed therein, and that the declaration shall be received by virtue of request, exhortation or warrant.

Article 429.

Witnesses under military jurisdiction may, as the examining magistrate deems appropriate, be examined by himself, such as other witnesses, or by the competent military judge. In the first case, the investigating judge shall order that the summons made to the witness be brought to the attention of the Chief of Staff to whom it belongs. In the second case, the provisions of the two preceding articles shall be observed.

If a witness under military jurisdiction refuses to appear before the examining magistrate, or refuses to take an oath or to answer the interrogation, the examining magistrate shall address the superior of the disobedient witness, whose superior, in addition to correcting the witness, shall immediately inform the examining magistrate, and shall bring him before the examining magistrate to testify.

Article 430.

Witnesses may be summoned personally wherever they have been.

Where the examination of a witness is urgent, he may be summoned orally to appear at the hearing, without waiting for the issue of the identity card prescribed in article 175, but stating the grounds for the urgency in the case.

In the same case, the examining magistrate may also be established at the home of a witness or at the place where he or she is to be heard.

Article 431.

The investigating judge may enable police officers to carry out oral or written summons if he deems it appropriate.

Article 432.

If the witness has no known address or his whereabouts are ignored, the investigating judge shall order the appropriate steps to be taken to investigate him. In this case, the judicial secretary shall address the judicial police, official registers, professional colleges, entity or companies in which the person concerned carries out his or her activity with interest in such investigation.

It is amended by art. 2.48 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 433.

When the witness comes forward to testify, the witness shall hand over the copy of the summons to the clerk.

Witnesses of legal age shall take an oath or promise to say whatever they know in respect of what is asked of them, being obliged to inform them, in clear and understandable language, of their obligation to be truthful and of the possibility of committing an offence of false testimony in criminal proceedings.

Witnesses who, in accordance with the provisions of the Statute of the Victim of Crime, have the status of victims of the crime, may be accompanied by their legal representative and by a person of their choice during the course of these proceedings, unless in the latter case, on the basis of reasons, the investigating judge decides otherwise to ensure the proper conduct of the proceedings.

The judge shall order the recording of the statement by audiovisual means.

The fourth paragraph is deleted by final provision 1.5 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

It is amended by final provision 1.11 of Law 4/2015 of 27 April. Ref. BOE-A-2015-4606.

It is amended by final provision 1.1 of Organic Law 8/2006 of 4 December. Ref. BOE-A-2006-21236.

Article 434.

The oath will be made in the name of God.

Witnesses shall take the oath in accordance with their religion.

Article 435.

Witnesses shall testify separately and secretly in the presence of the examining magistrate and the Registrar.

The final paragraph is repealed by the one-off repeal provision.3 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612.

Article 436.

The witness shall first state his/her first name, paternal and maternal surname, age, state and profession, whether or not he/she knows the defendant and the other parties, and whether he/she has any other kind of kinship, friendship or relations with them, whether he/she has been prosecuted and the penalty imposed on him/her. If the witness is a member of the Security Forces and Corps in the performance of his duties, the number of his personal registration and the administrative unit to which he is assigned shall be sufficient for his identification.

The judge will allow the witness to narrate without interruption the facts on which he or she declares, and will only require the additional explanations that are conducive to fading the dark or contradictory concepts. He will then address any questions he deems appropriate for the clarification of the facts.

The first paragraph is amended by Article 1. 4.6 of Law 38/2002 of 24 October. Ref. BOE-A-2002-20823.

Article 437.

Witnesses shall testify with a loud voice, without being allowed to read any statement or answer they have written.

They may, however, consult a note or memory containing hard to remember data.

The witness may make the answers himself.

Article 438.

The examining magistrate may order the witness to be taken to the place where the facts have occurred and examine him or her there or bring to his presence the objects on which the statement is to be made.

In the latter case, the examining magistrate may place in the presence of the witness such objects, alone or intermingled with other similar objects, taking further all measures suggested by his prudence for the greater accuracy of the statement.

Article 439.

The witness shall not be asked catchy or suggestive questions, nor shall coercion, deceit, promise or any device be used to compel or induce him to testify in a certain sense.

Article 440.

If the witness does not understand or speak the Spanish language, an interpreter shall be appointed, who shall take an oath to conduct himself well and faithfully in the performance of his duties.

Through this means, the witness shall be asked questions and his answers shall be received, which he may make through him.

In this case, the statement must be recorded in the trial in the language used by the witness and then translated into Spanish.

Article 441.

The interpreter shall be chosen from among those who have the title of such, if any, in the people. In its absence, a teacher of the language concerned shall be appointed, and if there is no teacher, any person who knows.

If not even this way the translation could be obtained, and the revelations expected from the witness were important, the question documents to be addressed to the witness will be drawn up and sent to the Language Interpretation Office of the Ministry of State to be translated into the language spoken by the witness, in preference to any other work.

The interrogation already translated will be delivered to the witness so that, in the presence of the judge, he or she will know its contents and the appropriate answers will be written in his or her language, which will be sent in the same way as the questions to the Interpretation of Languages.

These proceedings shall be carried out by the Judges with the greatest activity.

Article 442.

If the witness is deaf, a suitable sign language interpreter shall be appointed, through which the questions shall be asked and his answers shall be received.

The appointed person shall take an oath in the presence of the deaf person before beginning his or her duties.

It is amended by additional provision 13 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644.

Article 443.

The witness may read for himself the diligence of his statement; if he cannot, he may be found in any of the cases covered by articles 440 and 442, he shall be read by the interpreter, and in other cases by the Registrar.

The judge shall always warn the persons concerned of their right to read their statements for themselves.

Article 444.

These shall be signed by the Judge and by all those who have intervened in them, if they know and can do so, by the Registrar.

Article 445.

The evidence of witnesses who, according to the judge, were manifestly inconclusive in the examination of the facts under investigation shall not be recorded in the case files. Neither shall the statements of the witness in the same case be recorded in each statement; but all that can thus serve as a charge and as a defence shall always be recorded.

In the first case, the presence of the witness and the reason for not writing his statement shall be expressed through diligence.

Article 446.

After the declaration has been completed, the judicial registrar shall inform the witness of the obligation to appear before the competent court to testify again when he or she is summoned to do so, as well as of the obligation to inform the judicial office of the changes of domicile he or she makes until he or she is summoned for the oral trial, under warning if he or she fails to comply with the obligation to be punished by a fine of 200 to 1,000 euros, unless he or she incurs criminal liability for the offence.

These precautions shall be recorded at the end of the same procedure as the declaration.

It is amended by art. 2.49 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

The first paragraph is amended by Article 1. 4.3 of Law 38/2002 of 24 October. Ref. BOE-A-2002-20823.

Article 447.

The Registrar shall, upon referral of the case to the competent Tribunal, inform the Registrar of any changes in the place of residence which the witnesses have communicated.

The same shall apply to changes reported after the referral of the case file, until the termination of the case.

It is amended by art. 2.50 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 448.

If the witness, by making the prevention referred to in article 446, declares that he is unable to attend because he is absent from the national territory, and also in cases where there is reasonable reason enough to fear his death or physical or intellectual incapacity before the opening of the oral proceedings, the examining magistrate shall immediately order the statement to be made, in any event ensuring the possibility of contradiction of the parties. To this end, the judicial secretary shall inform the accused that he or she appoints a lawyer within 24 hours, if he or she has not yet had such a lawyer or otherwise, that he or she shall be appointed ex officio, to advise him or her in the event of receiving the witness ' testimony. After that period, the judge shall be sworn in and shall review the judge, in the presence of the accused and his defence counsel, and in the presence of the prosecutor and the complainant, if they wish to attend the act, allowing them to make any questions they deem appropriate, except those which the judge dismisses as manifestly impertinent.

Answers to these questions shall be entered by the judicial secretary and signed by all those present.

The third paragraph is deleted by final provision 1.6 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

It is amended by final provision 1.12 of Law 4/2015 of 27 April. Ref. BOE-A-2015-4606.

It is amended by art. 2.51 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

The last paragraph is amended by final provision 1.2 of Organic Law 8/2006 of 4 December. Ref. BOE-A-2006-21236.

The last paragraph is added by Art. 3.6 of Organic Law 14/1999 of 9 June. Ref. BOE-A-1999-12907.

Article 449.

In the event of imminent danger of death of the witness, the witness shall be given a statement in the manner set out in the preceding article, even if the accused could not be assisted by a lawyer.

Article 449 bis.

Where, in the cases provided for by law, the judicial authority agrees to the practice of the testimony of the witness as pre-constituted evidence, it shall be carried out in accordance with the requirements set out in this article.

The judicial authority shall ensure the principle of contradiction in the practice of declaration. The absence of the person duly investigated shall not prevent the practice of pre-constituted evidence, although his or her legal defence must, in any event, be present. In the event of an unjustified failure of the defence counsel of the person under investigation or where there are grounds for urgency to proceed immediately, the act shall be conducted with the lawyer of his own motion expressly designated for that purpose.

The judicial authority shall ensure the documentation of the statement in a suitable medium for recording sound and image, and the Legal Aid Office shall immediately verify the quality of the audio-visual recording. A summary report shall be accompanied by a written document approved by the Legal Aid Service, which shall contain the identification and signature of all persons involved in the pre-constituted evidence.

For the assessment of the pre-constituted evidence obtained in accordance with the above paragraphs, the provisions of Article 730.2 shall apply.

It is added by final provision 1.7 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

Text added, published on 05/06/2021, in force from 25/06/2021.

Article 449 ter.

Where a person under the age of fourteen years or a person with disabilities in special need of protection is required to intervene as a witness in a judicial proceeding for the purpose of investigating a crime of homicide, injury, against liberty, against moral integrity, trafficking in human beings, against sexual liberty and indemnity, against privacy, against family relations, concerning the exercise of fundamental rights and public freedoms, of criminal and terrorist organizations and groups and of terrorism, the judicial authority shall, in any event, agree to conduct the hearing of the minor as pre-constituted evidence, with all guarantees of the practice of evidence in the oral proceedings and in accordance with the provisions of the preceding article. This process will be carried out with all the necessary accessibility guarantees and support.

The judicial authority may agree that the hearing of a child under fourteen years of age shall be conducted through psychosocial teams that shall support the Court in an interdisciplinary and inter-institutional manner, collecting the work of professionals who have previously intervened and studying the personal, family and social circumstances of the minor or a person with disabilities, in order to improve the treatment of the minor and the performance of the test. In this case, the parties shall forward to the judicial authority any questions they deem appropriate, who shall, subject to verification of their relevance and usefulness, provide them to the expert persons. After the hearing of the minor, the parties may, in the same terms, seek clarification from the witness. The statement shall always be recorded and the judge may, after hearing the parties, obtain from the expert a report giving an account of the progress and outcome of the hearing of the minor.

In the event that the person under investigation is present at the juvenile's hearing, his/her visual confrontation with the witness shall be avoided, using any technical means if necessary.

The measures provided for in this article may be applicable where the offence is considered to be minor.

It is added by final provision 1.8 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

Text added, published on 05/06/2021, in force from 25/06/2021.

Article 450.

No cross-references, amendments or inter-linkings shall be made in the proceedings of the case file. Any mistakes made shall be recorded at the end of the proceedings.

Chapter VI

Categorization of witnesses and defendants

Article 451.

Where witnesses or defendants with each other or those with whom they disagree about any fact or any circumstance of interest in the case file, the judge may engage in a confrontation between those who disagree, without this proceeding having to take place, as a general rule, more than between two persons at the same time.

Article 452.

The examination shall be carried out before the judge, reading the Registrar to the accused or witnesses among those who have given their statements and asking the first witness, after reminding them of their oath and of the penalties of false testimony, if they are ratified or have any variation to make.

The judge shall immediately express the contradictions resulting from those statements and shall invite the accused to agree on each other.

Article 453.

The Registrar shall attest to all that may occur in the act of the confrontation and to the questions, answers and counter-claims that the faces of each other do, as well as to what will be observed in his attitude during the act; and he shall sign the diligence with all those who attend, expressing, if any do not do so, the reason for this.

Article 454.

The judge will not allow the faceless to insult or threaten.

Article 455.

No care shall be taken except where no other way of establishing the existence of the offence or the guilt of any of the accused is known.

There shall be no confrontation with witnesses who are minors unless the judge considers it essential and not harmful in the interest of such witnesses, after having given an expert report.

The second paragraph is added by Article 3.7 of Organic Law 14/1999 of 9 June. Ref. BOE-A-1999-12907.

Chapter VII

From the expert report

Article 456.

The judge shall agree on the expert report when scientific or artistic knowledge is necessary or desirable in order to know or appreciate any important fact or circumstance in the summary.

Article 457.

Experts may or may not be headlines.

The experts are those who have an official title to a science or art whose exercise is regulated by the Administration.

It is non-titled experts who, lacking an official title, have, however, knowledge or special practices in some science or art.

Article 458.

The judge shall be appointed by expert experts in preference to those who are not qualified.

Article 459.

Any expert examination shall be made by two experts.

Except for cases where there were no more than one in the place and it is not possible to expect the arrival of another without serious inconvenience for the course of the investigation.

Article 460.

The appointment shall be made known to the experts by means of an ex officio procedure, which shall be handed over to them by the sheriff or the court's doorman, with the formalities laid down for the summons of witnesses, and the original identity card shall be replaced for the purposes of article 175 by a document issued by the sheriff or the doorman responsible for the delivery.

Article 461.

If the urgency of the case so requires, an oral appeal may be made on the order of the judge, thus stating it in the case; but the person responsible for the execution of the appeal order may always extend the record provided for in the preceding article.

Article 462.

No one may refuse to appeal to the judge to perform an expert service unless he is lawfully prevented.

In such a case, he shall inform the judge when he receives the appointment, so that it is provided for.

Article 463.

An expert who, without giving a reasonable excuse, fails to appeal to the judge or refuses to give the report, shall bear the responsibilities referred to for witnesses in article 420.

Article 464.

They may not provide expert reports on the offence, regardless of the person concerned, which are not required to testify as witnesses under section 416.

An expert who, being included in any of the cases referred to in that article, submits the report without first bringing that circumstance to the attention of the judge who appointed him, shall be fined 200 to 5,000 euros, unless the act results in criminal liability.

The second paragraph is amended by art. 4.4 of Law 38/2002 of 24 October. Ref. BOE-A-2002-20823.

Article 465.

Those who report as experts under a court order shall have the right to claim fees and compensation that are fair, if they do not have fixed remuneration paid by the State, the Province or the Municipality as such.

Article 466.

Once the appointment of experts has been made, the Registrar shall immediately notify the Prosecutor's Office, the individual actor, if any, as well as the defendant, if he is at the disposal of the Judge or is at the same place of the investigation, or his representative if he has such a representative.

It is amended by art. 2.52 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 467.

If the examination and expert report can take place again in the oral proceedings, the experts appointed may not be challenged by the parties.

If it cannot be reproduced in the oral proceedings, there will be a challenge.

Article 468.

They are the cause of the challenge of the experts:

1. The kinship of consanguinity or affinity within the fourth degree with the plaintiff or the defendant.

2. Direct or indirect interest in the cause or in another similar cause.

3.o Intimate friendship or manifest enmity.

Article 469.

An actor or defendant who attempts to challenge the expert or experts appointed by the judge must do so in writing before the expert proceedings begin, stating the cause of the challenge and the evidence he offers, and accompanying the documentary or designating the place where the documentary is located if it does not have it at his disposal.

He shall not be obliged to use the office of Procurator for the purpose of filing this brief.

Article 470.

The judge, without raising his hand, shall examine the documents produced by the challenger and hear the witnesses present at the event, ruling what he deems fair in respect of the challenge.

If it occurs, it shall suspend the expert act for the time strictly necessary to appoint the expert to replace the challenged person, inform him of it and constitute the person appointed at the place concerned.

If you do not admit it, it will proceed as if it has not been used of the faculty to challenge.

Where the challenger does not produce the documents, but designates the file or place in which they are located, they shall be claimed by the Judicial Registrar, and the examining magistrate shall examine them once received without stopping the course of the proceedings; and if the grounds for the challenge prove justified, he shall annul the expert report which has been given, ordering that this proceeding be re-conducted.

The fourth paragraph is amended by art. 2.53 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 471.

In the case of the second paragraph of article 467, the complainant shall have the right to appoint at his own expense an expert to intervene in the expert act.

The same right shall be enjoyed by the defendant.

If the plaintiffs or the defendants are several, they shall agree, respectively, to make the appointment.

These experts shall be holders, unless they are of this kind in the party or demarcation, in which case they may be appointed without title.

If the practice of expert diligence does not allow, it shall be done as circumstances permit so that the actor and the accused can intervene in it.

Article 472.

If the parties make use of the power granted to them in the preceding article, they shall state to the judge the name of the expert and shall offer at the time of this demonstration proof of the quality of such expert the designated person.

In no case may they make use of this power after the start of the recognition operation.

Article 473.

The Judge shall rule on the admission of such experts in the form laid down in Article 470 for the challenges.

Article 474.

Prior to the commencement of the expert act, all experts, as well as those appointed by the judge and those appointed by the parties, shall, in accordance with article 434, take an oath to proceed well and faithfully in their operations and not to seek any purpose other than to discover and declare the truth.

Article 475.

The judge shall clearly and determinedly state to the experts the subject of his report.

Article 476.

In the case of the second paragraph of Article 467, the complainant, if any, with his or her representation, and the defendant with his or her representation, may attend the expert act, even if he or she is in prison, in which case the judge shall take appropriate precautions.

Article 477.

The expert act shall be presided over by the investigating judge or, by virtue of his delegation, by the municipal judge. It may also delegate, in the case of section 353, to a judicial police officer.

The Registrar shall always assist in the case.

Article 478.

The expert report shall include, where possible:

1. Description of the person or thing that is the object of the same in the state or in the manner in which it is found.

The Registrar shall make this description available, by issuing it to experts and subscribing to all those involved.

2. Detailed account of all operations carried out by experts and their results, extended and authorized in the same way as the previous one.

3. The conclusions drawn by experts in the light of such data in accordance with the principles and rules of their science or art.

Article 479.

If the experts have the need to destroy or alter the objects they analyse, some of them must be kept at the disposal of the judge if possible, so that further analysis may be carried out if necessary.

It is amended by art. 2.54 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 480.

The parties attending the operations or surveys may submit to the experts any observations they deem appropriate, all of which are recorded in the proceedings.

Article 481.

After recognition, experts may, if they so request, withdraw for the time absolutely necessary to the place indicated by the judge for discussion and drafting of the conclusions.

Article 482.

If the experts need rest, the judge or the official representing them may grant them the necessary time.

It may also suspend the procedure until another hour or another day, when required by its nature.

In such a case, the judge or his representative shall take appropriate precautions to avoid any alteration in the subject of expert investigation.

Article 483.

The judge may, on his own initiative or at the request of the parties present or of their counsel, ask the experts, when they produce their findings, any questions he deems appropriate and ask them for the necessary clarifications.

The experts' replies shall be considered as part of their report.

Article 484.

If the experts are inconsistent and their number is even, the judge shall appoint another.

With the assistance of the newly appointed person, the operations carried out by those persons shall be repeated, if possible, and such other operations as may be appropriate shall be carried out.

If it is not possible to repeat the operations or practice new ones, the intervention of the expert recently appointed will be limited to a discussion with others, in view of the procedures for recognition carried out, and then to formulating with whomever he is in accordance, or separately if he is not in agreement with any, his reasoned conclusions.

Article 485.

The judge shall provide the experts with the material means necessary to carry out the proceedings entrusted to them, claiming them from the public administration, or shall address to the authority concerned a prior notice if they exist prepared for that purpose, except as provided in particular in Article 362.

TITLE VI

The summons, detention and pretrial detention

Chapter I

From the subpoena

Article 486.

A person charged with a punishable act must be summoned only for the purpose of hearing, unless otherwise provided by law, or if his arrest of course takes place.

Article 487.

If the person referred to in the preceding article does not appear or justify a legitimate cause preventing him from doing so, the summons to appear may become an arrest warrant.

Article 488.

During the investigation of the case, the investigating judge may order the attendance of any persons who may wish to hear the case on the grounds that some reasonable indications of guilt have been found against them.

Chapter II

Detention

Article 489.

No Spaniard or foreigner may be arrested except in the cases and in the manner prescribed by law.

Article 490.

Anyone can stop:

1. To the person who attempts to commit a crime at the time of going to commit it.

2. The infraganti criminal.

3. Any person who escapes from the penal establishment where he or she is serving his or her sentence.

4. A person who escapes from the prison where he is awaiting transfer to the penal establishment or where he must serve the sentence imposed on him by a final judgment.

5.o A person who escapes when taken to the establishment or place mentioned in the previous number.

6. Any person who escapes while in detention or detention for outstanding cause.

7. The accused or convicted person who is in absentia.

Article 491.

A private individual who detains another person shall, if he so requires, justify acting on reasonable grounds sufficient to believe that the detainee was covered by one of the cases of the previous article.

Article 492.

The judicial police authority or officer shall be obliged to arrest:

1. Any person found in any of the cases referred to in article 490.

2. Any person who has been prosecuted for an offence referred to in the Code shall be punished by a penalty higher than that of correctional imprisonment.

3. The person charged with an offence to which a lesser penalty is referred, if his or her background or the circumstances of the act make it presumed that he or she will not appear when called by the judicial authority.

Except as provided for in the preceding paragraph, the defendant who provides sufficient security in the act, in the opinion of the Authority or agent attempting to detain him, is reasonably presumed to appear when called by the competent judge or court.

4. Any person who is in the case of the previous number, even if he or she is not yet prosecuted, provided that the following two circumstances exist: 1.a The Authority or agent has reasonable grounds to believe in the existence of an act presenting the characteristics of an offence. 2.a That you also have enough to believe that the person you attempt to stop had a stake in him.

Article 493.

The judicial police authority or officer shall take note of the name, surname, address and other circumstances sufficient for the investigation and identification of the person of the accused or of the offender who is not detained for not being covered by any of the cases referred to in the preceding article.

This notice shall be delivered in due course to the judge or court hearing or due to hear the case.

Article 494.

The said judge or court shall also agree on the detention of those covered by article 492, for prevention with the judicial police authorities and officers.

Article 495.

He may not be arrested for the alleged commission of minor offences unless the alleged offender has no known address or provides sufficient bail, in the opinion of the authority or agent attempting to arrest him.

It is amended by final provision 1 of Organic Law 5/2024 of 11 November. Ref. BOE-A-2024-23630

Article 496.

A private person, authority or judicial police officer who detains a person pursuant to the preceding articles shall release him or her or hand him or her over to the judge closest to the place where he or she made the arrest within twenty-four hours of the act.

If you delay delivery, you will incur the responsibility established by the Spanish Criminal Codeif the delay has exceeded 24 hours.

Article 497.

If the judge or court to whom the surrender was made is the judge of the case and the arrest has been made in accordance with the provisions of the first, second and sixth paragraphs, and the case concerning the accused in article 490 (7), and article 49 (2), (3) and (4), it shall place the arrested person in prison, or shall render the detention ineffective within seventy-two hours after the detainee has been handed over to him.

The same shall be done by the judge or court within the same time limit in respect of the person whose arrest he has agreed to.

Article 498.

If the person arrested pursuant to article 490, article 490, article 492, article 4, paragraph 6 and article 4, paragraph 3, has been handed over to a judge other than the judge or court hearing the case, the first shall extend an expresive investigation of the person who made the arrest, his or her home and other circumstances sufficient to search for and identify him or her, of the reasons which the judge may have had for the arrest and the name, surname and circumstances of the detainee.

This procedure shall be signed by the judge, the registrar, the person who executed the arrest and the other co-workers. Two witnesses will sign for him if he doesn't.

These proceedings and the person of the detainee at the disposal of the judge or court hearing the case will be referred immediately thereafter.

Article 499.

If the detainee is arrested because he is covered by the first and second paragraphs of article 490, and in the fourth part of article 492, the investigating judge to whom he surrenders himself shall carry out the first steps and place the detainee in prison, or shall order the release of the detainee, as appropriate, within the term referred to in article 497.

If this is done, when he is not a competent judge, he shall refer the proceedings to whoever is competent and the person of the prisoner, if any.

Article 500.

Where the detainee is arrested pursuant to cases 3a, 4a and 5a, and the case concerning the convicted person in article 7a of article 490, the judge to whom he surrenders himself or who has agreed the arrest shall immediately be referred to the establishment or place where he is to serve his sentence.

Article 501.

The order by placing the arrest in prison or leaving it without effect shall be brought to the attention of the Public Prosecutor ' s Office, and the particular complainant, if any, shall be notified and the accused, who shall also be informed of the right to request the replacement of the order by word or writing, and the statements he makes shall be given in the notification.

Chapter III

Pretrial detention

Article 502.

1. Pretrial detention may be ordered by the judge or examining magistrate, the judge who forms the first steps, as well as by the criminal judge or court dealing with the case.

2. Pretrial detention shall be taken only when objectively necessary, in accordance with the provisions of the following articles, and where there are no other less burdensome measures for the right to liberty through which the same ends can be achieved as with pretrial detention.

3. The judge or court shall take into account the impact of this measure on the person under investigation or on the accused, taking into account the circumstances of the person and the facts of the proceedings, as well as the extent of the penalty that may be imposed.

4. In no case shall pre-trial detention be adopted if the investigations carried out rationally show that the act is not a criminal offence or that it was committed on the basis of a cause of justification.

The noun "imputed" is replaced by "investigated or prosecuted" by article 22.2 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

It is amended by art. 1 of Organic Law 13/2003 of 24 October. Ref. BOE-A-2003-19748.

Article 503.

1. Pretrial detention may be ordered only if the following conditions are met:

1. The case shall consist of the existence of one or more acts with the character of an offence punishable with a maximum penalty of two years ' imprisonment or more, or with a shorter term of imprisonment if the person under investigation or accused has a criminal record which is not cancelled or liable to be cancelled, resulting from a conviction for an intentional offence.

If there are several accused acts, the special rules for the application of penalties, as provided for in chapter II, section 2a, of the Constitution, shall be applied. Title III of Book I of the Penal Code.

2. That there are sufficient grounds in the case to believe that the person against whom the order of imprisonment is to be issued is criminally liable for the offence.

3. The purpose of pre-trial detention is to:

(a) Ensure the presence of the person investigated or prosecuted in the proceedings when a risk of escape can be reasonably inferred.

In order to assess the existence of this danger, the nature of the act, the seriousness of the penalty that may be imposed on the person under investigation or accused, the family, work and economic situation of the accused, as well as the imminence of the holding of the oral trial, in particular in cases where the procedure for the prompt prosecution regulated by Title III of Book IV of this Act should be initiated.

It is appropriate for this reason to agree on the provisional detention of the person under investigation when, in the light of the facts resulting from the proceedings, at least two requirements for his appeal have been issued and sought by any judicial body in the previous two years. In such cases, the limit set by the first sentence of this paragraph shall not apply.

(b) Avoid concealment, alteration or destruction of sources of evidence relevant to the prosecution in cases where there is a well-founded and specific danger.

Pretrial detention for this cause shall not be ordered if it is intended to infer such danger solely from the exercise of the right of defence or from the lack of cooperation of the person under investigation or accused in the course of the investigation.

In order to assess the existence of this danger, attention shall be paid to the ability of the person under investigation or accused to access the sources of evidence by himself or through third parties or to influence other persons under investigation or accused, witnesses or experts or those who might be such.

(c) To prevent the person under investigation or accused from acting against the victim ' s legal assets, especially when the victim is one of the persons to whom the Article 173.2 of the Criminal Code. In such cases, the limit set by the first sentence of this paragraph shall not apply.

2. Pre-trial detention may also be agreed, in accordance with the requirements set out in paragraph 1 and 2 of the preceding subparagraph, to avoid the risk of the person under investigation or accused committing other criminal acts.

In assessing the existence of this risk, attention will be paid to the circumstances of the act, as well as to the gravity of the crimes that may be committed.

Pretrial detention for this cause may be agreed only if the criminal act charged is intentional. However, the limit provided for in paragraph 1 of the preceding subparagraph shall not apply where, from the background of the person under investigation or accused and other data or circumstances provided by the Judicial Police or resulting from the proceedings, it may reasonably be inferred that the person under investigation or accused has been acting in concert with another person or persons in an organized manner for the purpose of committing criminal acts or carrying out his criminal activities in a habitual manner.

The noun "imputed" is replaced by "investigated or prosecuted" and the adjective "imputed" is replaced by article 2.1.2 and 5 of Organic Law 13/2015, of 5 October. Ref. BOE-A-2015-10725.

Paragraph 1.3 (c) is amended by final provision 1.1 (c) of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538.

It is amended by art. 1 of Organic Law 13/2003 of 24 October. Ref. BOE-A-2003-19748.

Article 504.

1. Pretrial detention shall last for the time necessary to achieve any of the purposes set forth in the preceding article and as long as the grounds for its adoption remain.

2. Where the pre-trial detention has been ordered pursuant to subparagraphs (a) or (c) of subparagraph 1.3.o or paragraph 2 of the preceding article, its duration may not exceed one year if the offence is punishable by deprivation of liberty of three years or less, or by two years if the deprivation of liberty prescribed for the offence is more than three years. However, where circumstances provide that the case may not be tried within such time limits, the judge or court may, in accordance with article 505, by order agree a single extension of up to two years if the offence is punishable by deprivation of liberty for more than three years, or up to six months if the offence is punishable by imprisonment for less than three years.

If the person under investigation or accused is convicted, the pre-trial detention may be extended to a limit of half of the sentence actually imposed in the sentence, if the sentence has been appealed.

3. Where pre-trial detention has been agreed pursuant to paragraph 1.3(b) of the preceding article, its duration may not exceed six months.

However, where incommunicado detention or secrecy of the case has been ordered, if incommunicado detention or secrecy has been lifted before the time limit set out in the preceding paragraph, the judge or court must justify the continuation of the pretrial detention budget.

4. The granting of liberty for the duration of the maximum periods of time for pretrial detention shall not prevent the latter from agreeing if the person under investigation or accused, without legitimate grounds, ceases to appear on any appeal of the judge or court.

5. In calculating the time limits laid down in this article, account shall be taken of the length of time that the person under investigation or accused has been detained or placed in pretrial detention for the same reason.

However, the length of time during which the case suffers delays not attributable to the Administration of Justice shall be excluded from that calculation.

6. Where the measure of pre-trial detention agreed on exceeds two thirds of its maximum duration, the judge or court hearing the case and the prosecutor ' s office shall respectively inform the president of the governing chamber and the prosecutor-chief of the court concerned, with a view to taking the necessary measures to ensure that the proceedings are given the utmost speed. For this purpose, the procedure shall be given precedence over all others.

The noun "imputed" is replaced by "investigated or prosecuted" by article 22.2 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

The first subparagraph of paragraph 2 is amended and paragraph 6 is added by final provision 1.1.e) and (f) of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538.

It is amended by art. 1 of Organic Law 13/2003 of 24 October. Ref. BOE-A-2003-19748.

Article 504 bis.

(Cancelled)

The unconstitutionality and nullity are declared by judgment of TC 71/1994 of March 3. Ref. BOE-T-1994-6778.

Article 504 bis 2.

(Repealed)

It is repealed by the single derogation provision of Organic Law 13/2003 of 24 October. Ref. BOE-A-2003-19748.

Article 505.

1. If the detainee is brought before the investigating judge or court that is required to hear the case, the latter shall, unless he or she orders his or her provisional release without bail, convene a hearing at which the Public Prosecutor or the prosecution parties may be interested in the arrest of the person under investigation or accused person or his or her provisional release on bail.

In the cases of the procedure regulated in Title III of Book IV of this Act, this procedure shall be conducted in accordance with the provisions of Article 798, unless the hearing has been held previously.

2. The hearing referred to in the preceding paragraph shall take place as soon as possible within 72 hours of the placing of the detained person before the courts and shall be referred to the person under investigation or accused, who shall be assisted by counsel elected or appointed by him, the Public Prosecutor ' s Office and the other parties concerned. The hearing shall also be held to request and order, where appropriate, the pre-trial detention of the person under investigation or accused person who has not been detained or his release on bail.

3. At that hearing, if the Public Prosecutor's Office or any prosecution party requests that the person under investigation or accused person be remanded in custody or released on bail, those who are intending to make allegations and propose the means of proof that may be carried out at the time or within 72 hours indicated in the preceding subparagraph may be held.

In any event, the lawyer of the person under investigation or accused shall have access to the elements of the proceedings which are essential for challenging the deprivation of liberty of the person under investigation or accused.

4. The judge or court shall decide whether or not the imprisonment or the imposition of bail is due. If neither party urges them, it shall necessarily agree to the immediate release of the person under investigation or accused who is detained.

5. If for any reason the hearing cannot be held, the judge or court may order pretrial detention, if the budgets of article 503 are met, or bail. However, within the next 72 hours, the judge or court shall convene a new hearing, taking the measures that may be taken because of the failure to hold the first hearing.

6. If the detainee is brought before a judge other than the judge or court hearing or hearing the case, and the detainee cannot be brought before the latter within 72 hours, the first shall be in accordance with the provisions of the preceding paragraphs. However, once the judge or court of the case receives the proceedings, he or she shall hear the person under investigation or accused, assisted by his or her counsel, as soon as possible and shall make the appropriate decision.

The noun "imputed" is replaced by "investigated or prosecuted" by article 22.2 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Paragraph 3 is amended by Art. 2.3 of Organic Law 5/2015 of 27 April. Ref. BOE-A-2015-4605.

It is amended by art. 1 of Organic Law 13/2003 of 24 October. Ref. BOE-A-2003-19748.

Article 506.

1. Decisions on the personal situation of the person under investigation or accused shall take the form of an order. An order agreeing to or providing for the extension of the pretrial detention shall state the reasons on which the measure is deemed necessary and proportionate in respect of the purposes justifying its adoption.

2. If the case has been declared secret, the order of detention shall state the individuals of the same person who, in order to preserve the purpose of the secret, must be omitted from the copy to be notified. In no case shall a brief description of the alleged act be omitted from the notification and which or what of the purposes provided for in article 503 is intended to be achieved by imprisonment. When the secrecy of the case file is raised, the entire order shall be immediately notified to the person under investigation or accused.

3. Orders concerning the personal situation of the person under investigation or accused shall be brought to the attention of those directly offended and injured by the offence whose safety may be affected by the decision.

The noun "imputed" is replaced by "investigated or prosecuted" by article 22.2 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

It is amended by art. 1 of Organic Law 13/2003 of 24 October. Ref. BOE-A-2003-19748.

Article 507.

1. An appeal may be lodged against orders ordering, extending or denying pretrial detention or agreeing to the liberty of the person under investigation or accused in accordance with the provisions of article 766, which shall be subject to preferential treatment. An appeal against the order of detention must be settled within a maximum period of 30 days.

2. Where, pursuant to the provisions of paragraph 2 of the preceding article, the person under investigation or accused has not been notified in full of the arrest warrant, the person concerned may also appeal the full order when notified, in accordance with the provisions of the preceding paragraph.

The noun "imputed" is replaced by "investigated or prosecuted" by article 22.2 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

It is amended by art. 1 of Organic Law 13/2003 of 24 October. Ref. BOE-A-2003-19748.

Article 508.

1. The judge or court may agree that the measure of pretrial detention of the person under investigation or accused shall be verified at his or her home, with such surveillance measures as may be necessary, if the detention by reason of illness poses a serious danger to his or her health. The judge or court may authorize the person under investigation or accused to leave his or her home for the hours necessary for the treatment of his or her illness, provided that he or she is properly monitored.

2. In cases where the person under investigation or accused is being subjected to treatment for detoxification or dispossession of narcotic substances and the result of such treatment may be thwarted by imprisonment, the measure of pretrial detention may be replaced by admission to an official centre or a legally recognized organization for further treatment, provided that the facts involved in the proceedings are prior to the initiation of the proceedings. In this case, the person under investigation or accused may not leave the centre without the authorization of the judge or court that had agreed to the measure.

The noun "imputed" is replaced by "investigated or prosecuted" by article 22.2 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

It is amended by final provision 1.1.g of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538.

It is amended by art. 1 of Organic Law 13/2003 of 24 October. Ref. BOE-A-2003-19748.

Article 509.

1. The investigating judge or court may exceptionally, by reasoned decision, order incommunicado detention or detention in the event of any of the following:

(a) The urgent need to avoid serious consequences which may endanger the life, liberty or physical integrity of a person; or

(b) The urgent need for immediate action by investigating judges to avoid seriously compromising criminal proceedings.

2. Incommunicado detention shall last for as long as is strictly necessary to carry out urgent measures to avoid the dangers referred to in the preceding paragraph. The solitary confinement may not be extended beyond five days. In cases where the prison is agreed on grounds for one of the offences referred to in article 384 bis or other offences committed in a concerted manner and organized by two or more persons, solitary confinement may be extended for a period not exceeding five days.

3. The order in which the measure is granted incommunicado detention or, where appropriate, its extension shall state the reasons for the measure being taken.

4. In no case may persons under 16 be held incommunicado.

Paragraphs 1 and 2 are amended and paragraph 4 is added by Article 3 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

It is amended by the final provision 1.1.h of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538.

It is amended by art. 1 of Organic Law 13/2003 of 24 October. Ref. BOE-A-2003-19748.

Article 510.

1. The incommunicado person may be assisted by the necessary precautions in the proceedings in which he is subject to this law if his presence cannot distort the subject matter of the incommunicado detention.

2. The prisoner shall be permitted to have the effects provided by him, provided that the purposes of solitary confinement are not frustrated by the judge or court.

3. The prisoner may not make or receive any communication. However, the judge or court may authorize communications that do not frustrate the purpose of incommunicado detention and shall, where appropriate, take appropriate measures.

4. A prisoner who is held incommunicado at his request shall have the right to be recognized by a second forensic doctor appointed by the judge or court competent to hear the facts.

Paragraph 4 is added by final provision 1.1.i) of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538.

It is amended by art. 1 of Organic Law 13/2003 of 24 October. Ref. BOE-A-2003-19748.

Article 511.

1. Two orders shall be issued to carry out the arrest warrant: one to the judicial police or judicial officer, if any, who is to execute it, and another to the director of the establishment to receive the prisoner.

The warrant shall contain the personal data of the person under investigation or accused, the offence giving rise to the proceedings and whether the detention is to be communicated or not.

2. The directors of the establishments shall not receive any person as a prisoner without a warrant of imprisonment.

3. Once an order has been issued agreeing to the prisoner ' s release, the director of the establishment shall immediately be issued with an order.

The noun "imputed" is replaced by "investigated or prosecuted" by article 22.2 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

It is amended by art. 1 of Organic Law 13/2003 of 24 October. Ref. BOE-A-2003-19748.

Article 512.

If the alleged offender is not present at his home and his whereabouts are unknown, the judge shall agree that he should be searched for requirements that will be sent to the System of Administrative Registers of Support for the Administration of Justice (SIRAJ) and published in the Single Judicial Edict Board, giving appropriate orders to the State Security Forces and Bodies and to the Autonomous Police Corps of those autonomous communities with competence in the field of public security; and, in any case, the System of Administrative Registers of Support for the Administration of Justice shall share the information for publication in the Single Judicial Edict Board, ensuring the interoperability between the two platforms.

It is amended, with effect from 3 April 2025, by art. 20.3 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

It is amended by art. 101.6 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

It is amended by art. 2.55 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 513.

The requirement shall state the name, title, profession or office, if any, of the rebel defendant, and the signs by which he may be identified, the offence for which he is prosecuted, the territory where he is presumed to be and the prison to which he should be taken.

Article 514.

The original requirement and the justification for the submission to the System of Administrative Registers of Support to the Administration of Justice and for the referral to the Single Judicial Edict Board will be joined in the case.

It is amended by art. 101.7 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Article 515.

The judge or court who has agreed to the imprisonment of the rebel defendant, and the investigating judges to whom the requisites are sent, shall inform the judicial police authorities and officers of their respective territories of the circumstances referred to in article 513.

Article 516.

In the decision by which it is agreed to be sought on the basis of a requirement, the judge shall designate the particulars of the case that are necessary to be able to resolve the personal situation of the person required once it has been found. Testimonyed to the judicial decision and the private individuals by the judicial secretary, they will be referred to the Court of Guard or included in the computer system that exists for this purpose, where they will be registered.

It is amended by art. 2.56 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

It is left out by Organic Law 5/1995, of 22 May. Ref. BOE-A-1995-12095.

Article 517.

Without prejudice to the provisions of article 505.6, submitted to a Court of Guard, the judge may, if necessary in order to decide, request the assistance of the judicial body which issued the requirement or, failing that, of which he is on duty in the latter judicial party, in order to provide him with the documentation and information referred to in the preceding article.

It is amended by art. 2.57 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

It is repealed by the single derogation provision of Organic Law 13/2003 of 24 October. Ref. BOE-A-2003-19748.

Article 518.

The order in which the prison or release is decreed or denied shall be subject to appeal only for the devolutional effect.

The second paragraph is repealed by the single derogation provision of Organic Law 13/2003 of 24 October. Ref. BOE-A-2003-19748.

Article 519.

All pre-trial detention proceedings shall be conducted in a separate piece.

Chapter IV

The exercise of the right of defence, the assistance of a lawyer and the treatment of detainees and prisoners

Article 520.

1. Detention and pre-trial detention shall be carried out in a manner that least harms the detainee or prisoner in his or her person, reputation and property. Those who agree to the measure and those responsible for its implementation as well as for subsequent transfers shall ensure the constitutional rights to the honour, privacy and image of such persons, with respect for the fundamental right to freedom of information.

Police custody may last no longer than strictly necessary to carry out inquiries to establish the facts. Within the time limits laid down in this Act, and in any event within a maximum of seventy-two hours, the detained person must be released or brought before the judicial authority.

The place and time of arrest and the release of the judicial authority or, where appropriate, of release shall be reflected in the report.

2. Any person arrested or detained shall be informed in writing, in a simple and accessible language, in a language which he understands and immediately, of the facts attributed to him and the reasons for his deprivation of liberty, as well as of the rights accorded to him, in particular the following:

(a) The right to remain silent not by declaring if he or she does not wish to, not to answer any or some of the questions put to him or to state that he or she will only testify before the judge.

(b) The right not to testify against oneself and not to confess guilt.

(c) The right to appoint counsel, without prejudice to article 527 (1) (a) and to be assisted by him without undue delay. If, owing to geographical remoteness, the assistance of counsel is not immediately possible, the detainee shall be provided with telephone communication or videoconference with him, unless such communication is impossible.

(d) The right to access elements of proceedings that are essential to challenge the legality of the detention or deprivation of liberty.

(e) The right to be informed of the family member or person who wishes, without undue delay, to be deprived of his liberty and of the place of custody in which he is held at any time. Aliens shall have the right to have the above circumstances communicated to the consular office of their country.

(f) The right to communicate by telephone without undue delay with a third party of his choice. This communication shall be made in the presence of a police officer or, where appropriate, the official designated by the judge or the prosecutor, without prejudice to article 527.

(g) The right to be visited by the consular authorities of his country, to communicate and to correspond with them.

(h) The right to be assisted free of charge by an interpreter, in the case of an alien who does not understand or speak Spanish or the official language of the act in question, or deaf or hearing impaired persons, as well as other persons with language difficulties.

(i) The right to be recognized by the forensic doctor or his legal substitute and, failing that, by the institution in which he is located, or by any other dependent on the State or other public administrations.

(j) The right to request free legal aid, the procedure for doing so and the conditions for obtaining it.

He shall also be informed of the maximum legal period of detention until the judicial authority has been made available and of the procedure by which he may challenge the legality of his detention.

If a declaration of rights is not available in a language that the detainee understands, he or she shall be informed of his or her rights by means of an interpreter as soon as possible. In such a case, the written declaration of rights shall be given to him without undue delay in a language he understands.

In all cases, a detainee shall be allowed to keep in his possession a written declaration of rights throughout the period of detention.

2 bis. The information referred to in the preceding paragraph shall be provided in a language that is understandable and accessible to the addressee. For this purpose, the information shall be adapted to your age, degree of maturity, disability and any other personal circumstances from which a limitation of the ability to understand the scope of the information provided to you may arise.

3. If the detainee is a foreigner, the consular officer of his country shall be informed of the fact of his arrest and the place of custody and shall be allowed to communicate with the consular authority. In the event that the detainee has two or more nationalities, he or she may choose to which consular authorities he or she should be informed that he or she is deprived of liberty and with whom he or she wishes to communicate.

4. In the case of a minor, he or she shall be placed at the disposal of the Juvenile Sections of the Public Prosecutor ' s Office and the fact and place of custody shall be communicated to those exercising parental authority, guardianship or de facto custody of the child, as soon as the minor is known.

In the event of a conflict of interest with those exercising parental authority, guardianship or de facto custody of the minor, a judicial defender shall be appointed and brought to the notice of the act and place of detention.

If the detainee has his or her capacity as a judge, the information provided for in paragraph 2 of this article shall be communicated to those who exercise the guardianship or de facto custody of the detainee, and shall be reported to the Public Prosecutor ' s Office.

If the minor detainee or a person with a judicially modified capacity is a foreigner, the fact of the arrest shall be automatically notified to the Consul of his country.

5. The detainee shall freely appoint a lawyer and if he does not, he shall be assisted by an ex officio lawyer. No authority or agent shall make any recommendation to the counsel to designate him beyond informing him of his right.

The authority holding the detainee in his custody shall immediately inform the Bar Association of the name of the person appointed by the detainee to assist him for the purposes of his location and transmission of the professional commission or, where appropriate, shall inform him of the request for the appointment of a lawyer ex officio.

If the detainee has not appointed a lawyer, or if the person chosen refuses the assignment or is not found, the Bar Association shall immediately appoint a lawyer on duty.

The appointed lawyer shall be brought to the detention centre as soon as possible, always within three hours of receipt of the order. If he does not appear within that period, the Bar Association shall appoint a new lawyer from the office of its own motion, who shall appear as soon as possible and always within the prescribed period, without prejudice to the requirement of disciplinary responsibility on which the incompetent person may have incurred.

6. The assistance of counsel shall consist of:

(a) Request, where appropriate, that the detainee or prisoner be informed of the rights set out in paragraph 2 and that the medical examination referred to in point (i) be carried out, if necessary.

(b) To take part in the detainee ' s testimony proceedings, in the examination of the detainee and in the reconstruction of the events in which the detainee participates. Counsel may request the judge or official who has conducted the proceedings in which he has intervened, after the proceedings have been completed, to make such statements or to extend such points as he deems appropriate, as well as to record in the record any incidents that have occurred during his practice.

(c) To inform the detainee of the consequences of the provision or refusal of consent to the conduct of proceedings upon request.

If the detainee objects to the collection of the samples by mouth smears, as expected by the Organic Law 10/2007 of 8 October 2007, regulating the police database on identifiers obtained from DNA, the investigating judge may, at the request of the judicial police or the Public Prosecutor's Office, impose the enforcement of such measures by resorting to the minimum necessary coercive measures, which must be proportionate to the circumstances of the case and respectful of their dignity.

(d) To interview the detainee in a confidential manner, even before a statement is received from the police, the public prosecutor or the judicial authority, without prejudice to article 527.

7. Communications between the person under investigation or accused person and his or her counsel shall be confidential in the same manner and with the same exceptions as provided for in Article 118(4).

8. However, the detainee or prisoner may waive the mandatory assistance of counsel if his arrest is for acts that may be classified exclusively as offences against the safety of trafficking, provided that clear and sufficient information has been provided to him in simple and understandable language on the content of that right and the consequences of the waiver. The detainee may revoke his resignation at any time.

It is amended by article 4 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Paragraphs 2, 3 and 5 are amended and Article 2a is added. 2.4 of Organic Law 5/2015, of 27 April. Ref. BOE-A-2015-4605.

Article 520 bis.

1. Any person arrested as an alleged participant in any of the offences referred to in article 384 bis shall be brought before the competent judge within seventy-two hours of arrest. However, detention may be extended for investigative purposes up to a maximum of 48 hours, provided that, when requested by reasoned communication within the first 48 hours of detention, it is authorized by the judge within 24 hours. Both the authorisation and the refusal of the extension shall be adopted in a reasoned decision.

2. A person detained for the reasons set out in the above number may be requested to be held incommunicado by the judge, who must decide on the incommunicado detention within 24 hours in a reasoned decision. When incommunicado, the detainee shall in any case be held incommunicado, without prejudice to the right of defence available to him and to the provisions of articles 520 and 527, until the judge has issued the relevant decision.

3. During detention, the judge may at any time request information and may, in person or through delegation to the investigating judge of the party or demarcation where the detainee is held, know the situation of the detainee.

Article 520 ter.

To those detained in marine areas for the alleged commission of the offences referred to in Article 23.4(d) of Organic Law 6/1985 of 1 July 1985the rights recognized in this chapter shall be applied to them by the judiciary to the extent that they are compatible with the personal and material means existing on board the vessel or aircraft carrying out the arrest, and shall be released or made available to the competent judicial authority as soon as possible, without exceeding the maximum period of seventy-two hours. The judicial disposition may be carried out by means of the telematic means available to the ship or aircraft, where due to distance or isolation it is not possible to bring detainees into the physical presence of the judicial authority within the prescribed period.

It is added by article 5 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Added text, published on 06/10/2015, in force from 01/11/2015.

Article 521.

Detainees shall be, if possible, separated from each other.

If separation is not possible, the investigating judge or court shall ensure that persons of different sex or couriers are not gathered in the same prison and that young persons and non-recidents are separated from those of old age and recidivists.

This separation shall take into account the degree of education of the detainee, his age and the nature of the offence against him.

Article 522.

Any detainee or prisoner may at his own expense seek comforts or occupations compatible with the purpose of his detention and the regime of the establishment in which he is kept, provided that they do not compromise his safety or the confidentiality of the case file.

Article 523.

If the detainee or prisoner wishes to be visited by a minister of his religion, by a doctor, by his relatives or persons with whom he is in a relationship of interest, or by whom he may give his advice, he shall be permitted, subject to the conditions prescribed in the prison regulations, if they do not affect the secrecy and success of the case. The relationship with the defence counsel shall not be prevented while in communication.

Article 524.

The investigating judge shall authorize, as soon as the success of the investigation is not adversely affected, the means of correspondence and communication available to the detainee or prisoner.

In no case, however, should detainees or prisoners be prevented from writing to senior judicial officials.

Article 525.

No extraordinary security measure shall be taken against the detainee or prisoner except in the event of disobedience, violence or rebellion, or when he has attempted or made preparations to escape.

This measure must be temporary, and only the strictly necessary time will remain.

Article 526.

The investigating judge shall visit the local prisons once a week, without prior notice or given day, accompanied by an individual from the Public Prosecutor's Office, who may be the municipal prosecutor delegated to that effect by the Public Prosecutor of the respective Court; and where this Court exists, the President of the Court or of the Criminal Chamber and a Magistrate shall visit, with an individual from the Public Prosecutor's Office and with the assistance of the investigating judge.

During the visit, they shall hear all about the situation of prisoners or detainees, and shall take any measures within their powers to correct any abuses they may notice.

Article 527.

1. In the cases of article 509, a detainee or prisoner may be deprived of the following rights if the circumstances of the case so warrant:

(a) To appoint a lawyer to his/her trust.

(b) Communicate with all or any of the persons with whom he or she has the right to do so, except with the judicial authority, the Public Prosecutor ' s Office and the Forensic Doctor.

(c) To interview his lawyer in a private manner.

(d) Access by him or his counsel to proceedings, except for the essential elements for challenging the lawfulness of the detention.

2. The incommunicado detention or restriction of another right in the preceding paragraph shall be decided by order. Where the restriction of rights is requested by the Judicial Police or the Public Prosecutor's Office, the measures provided for in paragraph 1 shall be deemed to have been taken for a maximum period of 24 hours, within which the judge shall decide on the request, as well as on the relevance of agreeing on the secrecy of the proceedings. The incommunicado detention and the application to the detainee of any of the exceptions referred to in the preceding paragraph shall be agreed by order of the person concerned on the grounds that each of the exceptions to the general regime is to be adopted in accordance with the provisions of article 509.

The judge shall effectively monitor the conditions under which incommunicado detention takes place, for which purpose he may request information in order to ascertain the state of the detainee or prisoner and respect for his rights.

3. Medical examinations of the detainee who is restricted from communicating with any or all of the persons with whom he or she has the right to do so shall be conducted at least twice every twenty-four hours, according to optional criteria.

It is amended by article 6 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

TITLE VII

Probation of the accused

Article 528.

Pretrial detention shall last only as long as the reasons for it remain.

The detainee or prisoner shall be released in any state of the case in which he or she is innocent.

All authorities involved in a trial shall be obliged to delay as long as possible the arrest and pretrial detention of the accused or accused.

Article 529.

Where the pre-trial detention of the person under investigation or accused has not been agreed, the judge or court shall order, in accordance with article 505, whether or not the person under investigation or accused must provide bail in order to continue on probation.

In the same order, if the judge or court orders the bond, it shall determine the quality and quantity of the bond to be paid.

This order shall be notified to the person under investigation or accused, the Public Prosecutor ' s Office and the other parties concerned and shall be subject to appeal in accordance with article 507.

The noun "imputed" is replaced by "investigated or prosecuted" by article 22.2 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

It is amended by art. 2.1 of Organic Law 13/2003 of 24 October. Ref. BOE-A-2003-19748.

Article 529 bis.

When the prosecution of a person authorized to drive motor vehicles for an offence committed in connection with their conduct is ordered, if the accused is to be at liberty, the judge may, at his discretion, temporarily deprive him of the use of the permit, ordering that the document in which he is recorded be collected and incorporated into the proceedings. The Registrar shall inform the administrative body that issued the decision.

It is amended by art. 2.58 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 530.

Any person under investigation or accused who is to be released on bail or without bail shall be liable to appear on the days specified in the order in question, and in addition to the times when he or she is called before the judge or court hearing the case. In order to ensure compliance with this obligation, the judge or court may give a reasoned agreement to retain his passport.

The noun "imputed" is replaced by "investigated or prosecuted" by article 22.2 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

It is amended by art. 2.2 of Organic Law 13/2003 of 24 October. Ref. BOE-A-2003-19748.

Article 531.

In determining the quality and quantity of the bond, account shall be taken of the nature of the offence, the social status and record of the accused and of any other circumstances which may influence the greater or lesser interest of the accused in order to be beyond the reach of the judicial authority.

Article 532.

The bail shall be used to answer the defendant's appearance when called by the judge or court hearing the case. Its amount will serve to satisfy the costs caused in the separate branch formed for its constitution, and the rest will be awarded to the State.

Article 533.

It is applicable to bail offered for the purpose of obtaining provisional release of a defendant, all matters relating to its nature, form, admission, qualification and replacement are determined in articles 591 et seq. up to and including 596 of Title IX of this book.

Article 534.

If the accused does not appear at the first judicial appeal or fails to justify the impossibility of doing so, the Registrar shall indicate to the personal guarantor or the owner of the property of any kind given on bail the end of ten days before he presents the rebel.

It is amended by art. 2.59 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 535.

If the personal guarantor or owner of the assets of the bond does not submit to the rebel within the fixed term, the bond shall be made effective, declared to the State and handed over to the nearest Administration of Revenues, with deduction of the costs indicated at the end of article 532.

Article 536.

In order to make any bail, the judicial secretary shall proceed by the means of coercion in accordance with the provisions of Chapter IV, Title IV, of Book III of the Civil Procedure Act.

In the case of a personal bond, it shall also be effected by means of a constraint against the assets of the guarantor until the amount fixed when the said bond is admitted has been paid.

It is amended by art. 2.60 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 537.

Where the assets of the bail are the domain of the defendant, the bail shall be carried out and awarded to the State immediately if the latter ceases to appear on the judicial appeal or to justify the impossibility of doing so.

Article 538.

The Ministry of Public Finance shall intervene in all proceedings for the disposal of the assets of the bonds and for the delivery of their amount to the Public Finance Administrations.

The Public Prosecutor of the High Court may delegate his or her intervention to the municipal prosecutor where the investigating judge is located, or request that the file be forwarded to him or her when he or she is present, seeking, if possible, to deduce his or her claims in a single opinion.

Article 539.

Pretrial and bail orders shall be subject to reform throughout the course of the case.

As a result, the person under investigation or accused may be arrested and released as often as appropriate, and the bail may be amended as necessary to ensure the consequences of the trial.

In order to order the release or release on bail of a person who is released or to aggravate the conditions of provisional release already agreed, replacing it with the conditions of detention or provisional release on bail, a request shall be required from the Public Prosecutor's Office or from some prosecution party, and shall be decided upon after the appearance referred to in article 505.

If, however, the judge or court finds that the budgets of article 503 are met, it shall issue an order to reform the precautionary measure, or even to impose imprisonment, if the person under investigation or accused is released, but must call within 72 hours of the above-mentioned appearance.

Provided that the judge or court considers that release or modification of provisional release is necessary in terms more favourable to the person subject to the measure, it may, at any time, agree on its own motion and without submitting to the request of a party.

The noun "imputed" is replaced by "investigated or prosecuted" by article 22.2 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

The third and fourth subparagraphs are amended by art. 2.3 of Organic Law 13/2003 of 24 October. Ref. BOE-A-2003-19748.

Article 540.

If the defendant fails to file or extend the bond within the term indicated to him, he shall be reduced to imprisonment.

Article 541.

Bail will be cancelled:

1.o When the guarantor asks, presenting at the same time to the processor.

2. When the latter is reduced to imprisonment.

3. Where a final order for dismissal or a final acquittal is issued or, when convicted, the accused is brought to serve the sentence.

4th For the death of the defendant pending the case.

Article 542.

If a final conviction has been handed down and the defendant does not appear at the first appeal or fails to justify the impossibility of doing so, the security shall be granted to the State in accordance with the terms set out in article 535.

Article 543.

Once the bond has been awarded, the guarantor will not have action to request the refund, and his right to claim compensation against the defendant or his successors will be protected.

Article 544.

The pre-trial detention and release proceedings and bail shall be conducted in a separate piece.

Article 544 bis.

In cases where an offence referred to in the Article 57 of the Criminal Codethe judge or court may, on a reasoned basis and where strictly necessary for the purpose of protecting the victim or preventing the recurrence of a criminal offence, impose a precautionary prohibition on the accused to reside in a particular place, neighbourhood, municipality, province or other local entity, or autonomous community.

Under the same conditions, it may be cautiously prohibited from going to certain places, neighborhoods, municipalities, provinces or other local entities, or autonomous communities, or from approaching or communicating, at the appropriate level, to certain persons.

The economic situation of the accused and the requirements of his health, family situation and work shall be taken into account in the adoption of these measures. Particular attention shall be paid to the possibility of continuity of the latter, both during the duration of the measure and after its completion.

In the event of failure by the accused to comply with the measure agreed upon by the judge or court, the judge or court shall call for the appearance of the person under article 505 for the adoption of the pretrial detention within the meaning of article 503 of the order for protection provided for in article 544 ter or of another precautionary measure involving a greater limitation of his personal freedom, for which account shall be taken of the incidence of the breach, its grounds, gravity and circumstances, without prejudice to the responsibilities that may result from the breach.

In the event of investigation of any of the offences referred to in Article 3 of Organic Law 10/2022 of 6 SeptemberIf any of the measures for the protection of the victim provided for in this provision are agreed, the use of telematic devices to monitor compliance may be agreed by means of a reasoned decision.

It is amended by art. 1.3 of Organic Law 1/2026 of 8 April. Ref. BOE-A-2026-7966

A final paragraph, with effect from 7 October 2022, is added by final provision 1.3 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

The last paragraph is amended by final provision 1.1.j of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538.

The last paragraph is amended by art. 3 of Organic Law 13/2003 of 24 October. Ref. BOE-A-2003-19748.

It is added by art. 3.8 of Organic Law 14/1999 of 9 June. Ref. BOE-A-1999-12907.

Text added, published on 10/06/1999, in force from 10/06/1999.

Article 544 ter.

1. The examining magistrate shall issue an order of protection for victims of domestic violence in cases where there are well-founded indications of the commission of an offence or offence against the life, physical or moral integrity, sexual freedom, freedom or security of any of the persons mentioned in the Article 173.2 of the Criminal Codean objective situation of risk to the victim requiring the adoption of any of the protective measures provided for in this article.

2. The order for protection shall be approved by the judge of its own motion or at the request of the victim or person having any of the relations referred to in the preceding subparagraph, or by the Public Prosecutor ' s Office.

Without prejudice to the general duty of complaint provided for in article 262 of this Act, any public or private welfare entity or body which has knowledge of any of the facts referred to in the preceding subparagraph shall immediately bring them to the attention of the judge on duty or the Public Prosecutor's Office in order to enable the procedure for the adoption of the protection order to be initiated or urged.

3. The protection order may be applied directly to the judicial authority or the Public Prosecutor ' s Office, or to the security forces and bodies, victim care offices or social services or welfare institutions under the public administration. Such request shall be immediately referred to the competent judge. In the event of any doubt as to the territorial competence of the judge, the procedure for the adoption of the protection order shall be initiated and decided by the judge to whom the order has been requested, without prejudice to the subsequent referral of the proceedings to the judge who is competent.

The social services and institutions referred to above shall provide to victims of domestic violence who are to assist in the application of the protection order, making available to them information, forms and, where appropriate, telematic communication channels with the Administration of Justice and the Public Prosecutor.

4. When the application for a protection order has been received, the judge on duty shall, in the cases referred to in paragraph 1 of this Article, call for an urgent hearing of the victim or his legal representative, the applicant and the alleged offender, assisted, where appropriate, by a lawyer. The Public Prosecutor ' s Office shall also be convened.

This hearing may be conducted simultaneously with that provided for in Article 505 where its convening is appropriate, with the hearing provided for in Article 798 in cases which are dealt with in accordance with the procedure provided for in Title III of Book IV of this Law or, where appropriate, with the act of misdemeanours. Where exceptionally it is not possible to hold the hearing during the on-call service, the judge to whom the request has been made shall convene it as soon as possible. In any event, the hearing shall take place within 72 hours of the submission of the application.

During the hearing, the judge on duty shall take appropriate measures to avoid confrontation between the alleged offender and the victim, his children and the other members of the family. For this purpose, it shall provide for a separate statement to be made at this hearing.

After the hearing, the judge on duty shall rule by order on the application for the protection order, as well as on the content and validity of the measures it incorporates. Without prejudice to this, the investigating judge may take the measures provided for in Article 544a at any time during the proceedings.

5. The protection order confers on the victim of the acts referred to in paragraph 1 an integral protection status, which shall include the civil and criminal protective measures provided for in this article and other social assistance and protection measures established in the legal system.

The protection order may be enforced before any authority and public administration.

6. Precautionary measures of a criminal nature may consist of any of those provided for in criminal procedural law. Its requirements, content and validity shall be those set forth in this Act in general. They shall be adopted by the investigating judge in the light of the need for the victim ' s full and immediate protection and, where appropriate, of persons subject to his or her parental authority, guardianship, guardianship, guardianship, guardianship or care.

7. Measures of a civil nature must be requested by the victim or his legal representative, or by the Public Prosecutor's Office where there are minor children or persons with the judicially modified capacity, determining their compliance regime and, where appropriate, such additional measures as may be necessary, provided that they have not previously been agreed by a body of the civil court, and without prejudice to the measures provided for in the Article 158 of the Civil Code. Where there are minors or persons with disabilities in need of special protection who live with and depend on the victim, the judge shall in any case decide, even ex officio, on the nature of the measures in question.

Such measures may include the exercise of parental authority, guardianship, guardianship, guardianship or de facto custody, the allocation of the use and enjoyment of family housing, the determination of the regime of custody, suspension or maintenance of the regime of visits, communication and stay with minors or persons with disabilities in need of special protection, the system of provision of maintenance, as well as any provision that may be deemed appropriate in order to remove them from danger or to avoid harm.

Where a protection order is issued with criminal measures and there are well-founded indications that minor children have witnessed, suffered or lived in conjunction with the violence referred to in paragraph 1 of this article, the judicial authority shall, on its own initiative or at the request of a party, suspend the regime of visits, stay, relationship or communication of the accused with respect to minors dependent on him. However, at the request of a party, the judicial authority may not agree to the suspension by means of a reasoned decision in the best interests of the child and after assessing the situation of the parental relationship.

The civil measures contained in the protection order shall be valid for 30 days. If within this time limit a family proceeding is initiated at the request of the victim or his legal representative before the civil court, the measures taken shall remain in force for 30 days following the filing of the application. The measures must be ratified, amended or terminated by the competent court of first instance.

8. The protection order shall be notified to the parties and communicated by the judicial secretary immediately, by full testimony, to the victim and to the public authorities competent for the adoption of protective measures, whether security measures or social, legal, health, psychological or other assistance. To this end, an integrated system of administrative coordination will be established by regulation to ensure the agility of these communications.

9. The protection order shall entail the duty to inform the victim permanently of the procedural situation of the person under investigation or accused, as well as of the scope and validity of the precautionary measures taken. In particular, the victim will be informed at all times of the prison situation of the alleged offender. For this purpose, the protection order shall be reported to the Prison Administration.

10. The protection order shall be entered in the Central Register for the Protection of Victims of Domestic and Gender-based Violence.

11. In cases where during the course of an ongoing criminal procedure a situation of risk arises for any person connected with the person under investigation or prosecuted for any of the relationships referred to in paragraph 1 of this Article, the judge or court hearing the case may agree on the order for the protection of the victim in accordance with the provisions of the preceding paragraphs.

Paragraphs 6 and 7 are amended by final provision 1.9 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

The noun "imputed" is replaced by "investigated or prosecuted" by article 22.2 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Paragraph 7 is amended by final provision 1.13 of Law 4/2015 of 27 April. Ref. BOE-A-2015-4606.

Paragraphs 4, 8, 9 and 10 are amended by Article 2.61 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Paragraph 1 is amended by final provision 1.2.f of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538.

It is added by art. 2 of Law 27/2003 of 31 July. Ref. BOE-A-2003-15411.

Drafted paragraph 7 in accordance with the correction of errors published in BOE No. 126 of 25 May 2004. Ref. BOE-A-2004-9703.

Text added, published on 01/08/03, in force from 02/08/03.

Article 544 quater.

1. Where a legal person has been charged, the precautionary measures which may be imposed on him are those expressly provided for in the Organic Law 10/1995 of 23 November 1995, of Spanish Criminal Code.

2. The measure shall be agreed upon at the request of the party and the hearing, which shall be referred to all the parties in person. An order on the interim measure shall be subject to appeal, the processing of which shall be preferred.

It is added by art. 1.5 of Law 37/2011 of 10 October. Ref. BOE-A-2011-15937.

Added text, published 11/10/2011, in force from 31/10/2011.

Article 544 quinquies.

1. In cases where an offence referred to in the Article 57 of the Criminal Codewhere it is necessary for the purpose of protecting the minor victim or with the judicially modified capacity, the judge or court shall, where necessary, take a reasoned action as follows:

(a) Suspend parental authority of one of the parents. In this case, it may establish a system of visits or communication in the interest of the child or person with judicially modified capacity and, where appropriate, the conditions and guarantees under which it must be developed.

(b) Suspend guardianship, guardianship, guardianship or placement.

(c) Establish a system for monitoring the exercise of parental authority, guardianship or any other protective or protective or supportive function over the child or person with the judicially modified capacity, without prejudice to the powers of the Public Prosecutor ' s Office and the competent public entities.

(d) To suspend or modify the arrangements for visits or communication with the non-cohabitant or with another family member in force, where necessary to ensure the protection of the child or the person with judicially modified capacity.

2. Where, in the course of the proceedings, the existence of a situation of risk or possible neglect of a minor is revealed and, in any event, when some of the measures in points (a) or (b) of the preceding subparagraph are taken, the judicial registrar shall immediately inform the competent public body legally entrusted with the protection of minors and the Public Prosecutor's Office so that they may take such protective measures as may be necessary. For the same purposes, they shall be notified of their lifting or of any other modification, as well as of the decision referred to in paragraph 3.

3. Upon completion of the proceedings, the judge or court, valuing only the interest of the person concerned, shall ratify or increase the protective measures that have been adopted. The Public Prosecutor's Office and the parties concerned by the measure may request the judge to amend or lift the measure in accordance with the procedure laid down in article 770. Civil Procedure Act.

It is added by final provision 1.14 of Law 4/2015 of 27 April. Ref. BOE-A-2015-4606.

Text added, published on 28/04/2015, in force from 28/10/2015.

TITLE VIII

Measures to restrict the rights recognized in the Convention Article 18 of the Constitution

The heading is amended by article 7 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10726.

CHAPTER I

Entry and registration in closed place

It is added by article 8 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10726.

Text added, published on 06/10/2015, in force from 06/12/2015.

Article 545.

No one may enter the domicile of a Spanish or foreign resident in Spain without his consent, except in the cases and in the manner expressly provided for in the laws.

Article 546.

The judge or court hearing the case may order entry and search, day or night, in all public buildings and places, regardless of the territory in which they are located, where there is evidence of the accused or the effects or instruments of the offence, or books, papers or other objects which may serve for their discovery and verification.

Article 547.

Buildings or public places shall be recognised for the purpose of complying with the provisions of this Chapter:

1. Those who are destined for any official, military or civilian service of the State, the Province or the Municipality, even if those who are responsible for such service or those who maintain and guard the building or place are present there.

2. Those who are destined for any assembly or recreation establishment, whether lawful or not.

3. Any other buildings or enclosed places which do not constitute the domicile of an individual pursuant to article 554.

4th State vessels.

Article 548.

The judge shall require the authorization of the respective President for entry and registration at the Palace of any of the Co-legislators.

Article 549.

Entry into and search of temples and other religious sites will require the attention of the persons in charge.

Article 550.

The examining magistrate may also order, in the cases referred to in article 546, entry and registration, day or night, if the urgency makes it necessary, in any building or closed place or part thereof, which constitutes the domicile of any Spaniard or foreigner resident in Spain, but always preceding the consent of the interested party as is prevented in the Article 6 of the Constitutionor in the absence of consent, by reason of a reasoned order, which shall be notified to the person concerned immediately, or at the latest within 24 hours of having been issued.

Article 551.

The consent of a person who, required by a person who has to enter and search for the purpose of allowing such entry and registration, is deemed to be granted by him or her to carry out the necessary acts that depend on him or her in order to have effect, without invoking the inviolability recognized by article 6 of the Constitution of the State at home.

Article 552.

In carrying out searches, unnecessary inspections should be avoided, with a view to ensuring that the person concerned is not harmed or interfered with more than is necessary, and every kind of precaution shall be taken to avoid compromising his reputation, respecting his secrets if they do not interest the investigation.

Article 553.

Police officers may also proceed by their own authority to the immediate arrest of persons when there is an arrest warrant against them, when they are caught in flagrante delicto, when an offender, immediately prosecuted by the agents of the authority, hides or hides himself in any house or, in cases of exceptional or urgent necessity, in the case of alleged perpetrators of the actions referred to in article 384 bis, whatever the place or domicile where they are concealed or sheltered, as well as the search carried out in those places, and the occupation of the effects and instruments found therein which may be related to the offence in question.

The competent judge shall be immediately informed of the registration carried out in accordance with the preceding paragraph, with an indication of the reasons for the registration and of the results obtained, with particular reference to the arrests which, if any, had been carried out. The persons who intervened and the incidents that occurred will also be indicated.

Article 554.

For the purposes of the preceding articles, the following are recognized as domicile:

1. The Royal Palaces, whether or not inhabited by the Monarch at the time of entry or registration.

2. The building or closed place, or the part of it intended mainly for the room of any Spaniard or foreigner residing in Spain and his family.

3.o National merchant vessels.

4. In the case of imputed legal persons, the physical space constituting the centre of management of the legal persons concerned, whether it is their registered office or a dependent establishment, or those other places where documents or other media of their daily life are kept confidential to the knowledge of third parties.

Paragraph 4 is added by Art. 1.6 of Law 37/2011 of 10 October. Ref. BOE-A-2011-15937.

Article 555.

To search the palace where the Monarch resides, the royal judge shall apply for leave through the Major of His Majesty.

Article 556.

In the Royal Sites in which the Monarch is not found at the time of registration, the leave of the Chief or employee of His Majesty's Service who was in charge of the custody of the building, or of the person who is in charge of the custody of the building, shall be required when requested, if he is absent.

Article 557.

(Cancelled)

It is declared unconstitutional and repealed by judgment of TC 10/2002, of January 17. Ref. BOE-T-2002-2504.

Article 558.

The order for entry and search at the home of an individual shall always be well founded, and the judge shall express in it specifically the building or closed place in which it is to be verified, whether it will take place only during the day and the Authority or official who shall practise it.

Article 559.

For entry and registration in buildings intended for the room or office of representatives of accredited foreign nations near the Government of Spain, the judge will ask them to come, by means of an attentive office, in which he will ask them to answer within twelve hours.

Article 560.

If this term is passed without having done so, or if the foreign representative refuses to grant it, the judge shall immediately inform the Ministry of Grace and Justice, using the telegraph, if any, for that purpose. As long as the Minister does not inform you of his decision, he shall refrain from entering and searching the building, but shall take the surveillance measures referred to in article 567.

Article 561.

On foreign warships, the Commander ' s failure to authorize will be met by the Ambassador or Minister of the nation to which they belong.

The first paragraph is repealed by the single derogation provision.b) of Law 14/2014 of 24 July. Ref. BOE-A-2014-7877.

Article 562.

They may enter the rooms of the foreign consuls and their offices by prior attention and by observing the formalities prescribed in the Constitution of the State and in the laws.

Article 563.

If the closed building or place is in the territory of the investigating judge, he or she may entrust entry and search to the municipal judge of the territory in which the closed building or place is located, or to any judicial police authority or officer. If the person who ordered it is the municipal judge, he may also entrust it to those judicial authorities or police officers.

Where the closed building or place is outside the territory of the judge, the judge shall entrust the operation to the judge of his own category of territory in which the judge is situated, who may in turn entrust it to the judicial police authorities or officers.

Article 564.

In the case of a building or public place falling within the first and third headings of Article 547, the Judge shall officiate the Authority or the Head of the Authority that the latter depend on the same population.

If the latter does not reply within the time limit set in the trade, the person in charge of the maintenance or custody of the building or place of entry and search shall be notified of the order in which the entry and registration is made.

In the case of State vessels, communications shall be addressed to the respective Commanders.

Article 565.

Where the building or place falls within the scope of article 547, paragraph 2, the notification shall be given to the person who is in charge of the assembly or recreation establishment, or to the person who does so if the person is absent.

Article 566.

If the entry and search are to be made at the domicile of an individual, the person concerned shall be notified of the order; and if there is not the first inquiry in search, the person in charge shall be notified.

If the person in charge is not present, notification shall be given to any other person of legal age who is at home, preferring for this purpose the individuals of the family of the person concerned.

If no one is found, it shall be recorded by diligence, which shall be extended with the assistance of two neighbours, who shall sign it.

Article 567.

From the moment the judge agrees to enter and search any building or closed place, he/she shall take appropriate surveillance measures to prevent the escape of the accused or the theft of the instruments, effects of the offence, books, papers or any other things to be the subject of the search.

Article 568.

Once the procedures set out in the preceding articles have been carried out, entry and registration shall be carried out, using, if necessary, the assistance of force.

Article 569.

The search shall be made in the presence of the person concerned or of the person legitimately representing him.

If such a person is not present or does not wish to attend or appoint a representative, it shall be carried out in the presence of an individual of his or her family of legal age.

If there are not, it shall be made in the presence of two witnesses, who are neighbours of the same people.

Registration shall always be carried out in the presence of the Registrar of the Court or Court who has authorized it, or of the Registrar of the guard service who shall replace him, who shall draw up a record of the outcome, of the proceedings and of their occurrences and which shall be signed by all the persons present. However, if necessary, the Registrar may be replaced in the manner provided for in Organization of the Judiciary Act.

The resistance of the data subject, his representative, family individuals and witnesses to witness the search will result in the responsibility declared in the Spanish Criminal Code the accused of the offence of serious disobedience to the Authority, without prejudice to the conduct of the proceedings.

If no persons or objects are found or suspicious indications appear, a certificate of the minutes shall be issued to the party concerned if he claims it.

Article 570.

Where registration is carried out at the home of a private person and expires on the day not completed, the person concerned or his representative shall, if present, be required to permit the continuation during the night. If this is opposed, the proceeding shall be suspended, except as provided for in Articles 546 and 550, by closing and sealing the premises or furniture in which it is to be continued, as soon as this precaution is deemed necessary to prevent the person from escaping or subtracting from the things sought.

It shall also prevent the search of those who are in the building or place of dispatch who do not lift the seals, violate the locks or permit other persons to do so, under the responsibility established in the Spanish Criminal Code.

Article 571.

The registration shall not be suspended until such time as it is not possible to continue, and the surveillance measures referred to in Article 567 shall be taken during the suspension.

Article 572.

In the proceedings for entry and search in closed place, the names of the judge, or of his or her delegate, who performs the procedure and of the other persons involved, the incidents that occurred, the time at which the procedure was initiated and concluded, and the list of the search by the order with which it is carried out, as well as the results obtained, shall be expressed.

CHAPTER II

Book and paper records

It is added by article 9 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10726.

Text added, published on 06/10/2015, in force from 06/12/2015.

Article 573.

Records of the records and accounting papers of the accused or of another person shall not be ordered except where there are serious indications that such proceedings will result in the discovery or verification of any significant fact or circumstance in the case.

Article 574.

The judge shall order the collection of the instruments and effects of the offence and also the books, papers or any other items which have been found, if this is necessary for the outcome of the proceedings.

The books and papers collected shall be foliated, sealed and initialled in all their sheets by the Judicial Secretary, under his responsibility.

It is amended by art. 2.62 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 575.

Everyone is obliged to display objects and papers suspected to have a bearing on the cause.

If the person holding them refuses to show them, he shall be corrected by a fine of 125 to 500 pesetas; and if he insists on his refusal, if the object or paper is of importance and the nature of the offence so advises, he shall be prosecuted as the perpetrator of disobedience to the Authority, unless he deserves the legal qualification as a concealer or recipient.

Article 576.

It shall apply to the registration of papers and effects as provided for in Articles 552 and 569.

Article 577.

If, in order to determine the need to collect the items that have been found in the register, any expert examination is necessary, it shall be agreed in the act by the Judge, in the form set out in Chapter VII of Title V.

Article 578.

If the book to be searched is the protocol of a Notary, it shall be carried out in accordance with the provisions of the Notary Act.

If it is a book of the Property Registry, it will be ordered in the Mortgage Act.

If it is a book of the Civil or Commercial Registry it will be in accordance with the provisions of the Law and Regulations relating to these services.

CHAPTER III

Arrest and opening of written and telegraphic correspondence

It is added by article 10 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725

Text added, published on 06/10/2015, in force from 06/12/2015.

Article 579. From written or telegraphic correspondence.

1. The judge may order the detention of private correspondence, postal and telegraphic correspondence, including faxes, burofaxes and money orders, which the person under investigation refers to or receives, as well as their opening or examination, if there are indications that the discovery or verification of any facts or circumstances relevant to the case is obtained by these means, provided that the investigation is directed to any of the following offences:

1. Criminal offences punishable by a maximum of at least three years ' imprisonment.

2. Offences committed within a criminal group or organization.

3. Crimes of terrorism.

2. The judge may, in a reasoned decision, for a period of up to three months, extend for equal or shorter periods up to a maximum of eighteen months, observe the postal and telegraphic communications of the person under investigation, as well as the communications used for the purpose of criminal purposes.

3. In cases of urgency, when investigations are carried out for the purpose of investigating offences related to the conduct of armed gangs or terrorist elements and there are reasonable grounds for making the measure provided for in the preceding paragraphs of this article essential, it may be ordered by the Minister of the Interior or, failing that, by the Secretary of State for Security. This measure shall be communicated immediately to the competent judge and, in any event, within a maximum period of 24 hours, stating the reasons for the adoption of the measure, the action taken, the manner in which it was carried out and its outcome. The competent judge, also on a reasoned basis, shall revoke or confirm such action within a maximum period of seventy-two hours after the measure has been ordered.

4. No judicial authorization shall be required in the following cases:

(a) Postal consignments which, for their own external characteristics, are not usually used to contain individual correspondence but to serve the transport and traffic of goods or on the outside of which their contents are stated.

(b) Other forms of correspondence in the open legal form of communication, in which an external declaration of content is required or which incorporate the express indication that inspection is authorized.

(c) Where the inspection is carried out in accordance with customs regulations or is carried out in accordance with the postal rules governing a particular type of shipment.

5. The application and subsequent proceedings relating to the requested measure shall be conducted in a separate and secret piece, without the need for explicit agreement on the secrecy of the case.

It is amended by article 11 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Article 579 bis. Use of information obtained under a different procedure and casual discoveries.

1. The result of the arrest and opening of written and telegraphic correspondence may be used as a means of investigation or evidence in other criminal proceedings.

2. To this end, the testimony of the individuals necessary to prove the legitimacy of the interference shall be deducted. In any event, the initial application for adoption, the court decision that agrees to it and all requests and court decisions for extension that have lapsed in the original proceedings shall be included among the indispensable background.

3. The continuation of this measure for the investigation of the casually discovered offence requires the authorization of the competent judge, for which the competent judge will verify the procedure, assessing the framework within which the accidental finding occurred and the impossibility of having applied for the measure that included it at the time. It shall also be informed whether the proceedings continue to be held secret, for the purpose of ensuring that such a statement is respected in the other criminal proceedings, and shall state the time at which such secrecy is raised.

It is added by article 12 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

Article 580.

The provisions of articles 563 and 564 apply to the arrest of correspondence.

The practice of this operation may also be entrusted to the Post and Telegraph Manager or Head of the office in which the correspondence is to be found.

Article 581.

The arrested employee shall immediately forward the detained correspondence to the investigating judge of the case.

Article 582.

The judge may also order that copies of the telegrams transmitted by him be provided by any Telegraph Administration, if they could contribute to the clarification of the facts of the case.

Article 583.

The reasoned order, by agreeing to the arrest and registration of correspondence or the delivery of copies of telegrams transmitted, shall determine the correspondence to be arrested or registered, or the telegrams to be provided for copies of such correspondence by the designation of the persons to whose name they were issued, or by other equally specific circumstances.

Article 584.

For the opening and registration of postal correspondence the interested party shall be summoned.

This person or the designated person may witness the operation.

Article 585.

If the accused is in absentia, or if he or she does not wish to witness or appoint a person to do so on his or her behalf, the investigating judge shall, however, open such correspondence.

Article 586.

The operation shall be carried out by opening the correspondence by the Judge himself, and after reading it for himself he shall remove the one referring to the facts of the case and the preservation of which he considers necessary.

The envelopes and sheets of this correspondence, after the same judge has taken the notes necessary for the practice of other investigative proceedings to which the correspondence gives reason, shall be initialled by the judicial secretary and sealed with the seal of the court, then closed in another envelope, to which the necessary label shall be affixed, being kept during the proceedings, also under the responsibility of the judicial secretary.

This document may be opened as many times as the judge deems it necessary, citing the person concerned in advance.

The second paragraph is amended by art. 2.63 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 587.

Correspondence that is not related to the case shall be delivered in the act to the defendant or his representative.

If he is in rebellion, he shall be handed over closed to an individual of his family of majority age.

If no relative of the accused is known, the statement shall be kept closed under the responsibility of the judicial secretary until there is a person to whom to surrender it, as provided for in this article.

The third paragraph is amended by art. 2.64 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 588.

The opening of the correspondence shall be recorded by diligence, in which it shall refer to all matters which have occurred in that correspondence.

This procedure shall be signed by the investigating judge, the Registrar and other assistants.

CHAPTER IV

Provisions common to the interception of telephone and telematic communications, the capture and recording of oral communications through the use of electronic devices, the use of technical devices for tracking, locating and capturing the image, the recording of mass storage of information devices and remote records on computer equipment

It is added by article 13 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

Article 588 bis a. Guiding principles.

1. During the investigation of the cases, one of the investigative measures set out in this Chapter may be agreed upon provided that judicial authorization is granted in full compliance with the principles of speciality, suitability, exceptionality, necessity and proportionality of the measure.

2. The principle of speciality requires that a measure be related to the investigation of a particular offence. Technological research measures aimed at preventing or uncovering crimes or at clearing suspicions without objective basis may not be authorised.

3. The principle of suitability will serve to define the objective and subjective scope and duration of the measure by virtue of its usefulness.

4. In application of the principles of exceptionality and necessity, the measure may only be agreed:

(a) where other measures which are less burdensome for the fundamental rights of the person under investigation or prosecution and which are equally useful for the clarification of the fact are not available to the investigation, in view of their characteristics; or

(b) When the discovery or verification of the fact under investigation, the determination of the perpetrator or perpetrators, the investigation of their whereabouts, or the location of the effects of the offence are seriously hampered without recourse to this measure.

5. The investigation measures covered by this Chapter shall be considered proportionate only if, taking into account all the circumstances of the case, the sacrifice of the rights and interests concerned is not more than the benefit of their adoption for the public interest and for third parties. For the weighting of conflicting interests, the assessment of the public interest shall be based on the seriousness of the fact, its social significance or the technological scope of production, the intensity of the existing indications and the relevance of the result pursued by the restriction of the law.

It is added by article 13 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

Article 588 bis b. Request for judicial authorization.

1. The judge may agree on the measures regulated in this chapter on his own initiative or at the request of the Public Prosecutor ' s Office or the Judicial Police.

2. When the Public Prosecutor ' s Office or the Judicial Police request a technological investigation measure from the investigating judge, the request shall contain:

1o The description of the fact under investigation and the identity of the person under investigation or of any other person affected by the measure, provided that such information is known.

2. The detailed statement of the reasons justifying the need for the measure in accordance with the guiding principles set out in article 588 bis a, as well as the indications of criminality that have been revealed during the investigation prior to the request for authorization of the act of interference.

3. The identification data of the person under investigation or accused and, where appropriate, of the means of communication used to enable the execution of the measure.

4.o The extension of the measure with specification of its content.

5. The investigative unit of the Judicial Police that will take charge of the intervention.

6o The method of execution of the measure.

7. The duration of the measure requested.

8.o The subject liable to carry out the measure, if known.

It is added by article 13 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

Article 588 bis c. Judicial decision.

1. The investigating judge shall authorize or refuse the requested measure by means of a reasoned order, after hearing the Public Prosecutor ' s Office. This decision shall be issued within 24 hours of the submission of the application.

2. Whenever necessary to decide whether to comply with any of the requirements set out in the preceding articles, the judge may require, with an interruption of the period referred to in the preceding paragraph, an extension or clarification of the terms of the application.

3. A court decision authorizing the measure shall specify at least the following:

(a) The punishable act under investigation and its legal qualification, expressing the rational evidence on which the measure is based.

(b) The identity of those investigated and of any other affected by the measure, if known.

(c) The extent of the measure of interference, specifying its scope as well as the reasons for compliance with the guiding principles set out in article 588 bis a.

(d) The Judicial Police Investigation Unit which will take charge of the intervention.

(e) The duration of the measure.

(f) The manner and periodicity in which the applicant shall inform the judge of the results of the measure.

(g) The purpose pursued by the measure.

(h) The person liable to carry out the measure, if known, with express mention of the duty of cooperation and secrecy, where appropriate, on the warning of committing an offence of disobedience.

It is added by article 13 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

Article 588 bis d. Secret.

The application and subsequent proceedings relating to the requested measure shall be conducted in a separate and secret piece, without the need for explicit agreement on the secrecy of the case.

It is added by article 13 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

Article 588 bis e. Duration.

1. The measures provided for in this Chapter shall have such duration as may be specified for each of them and may not exceed the time required for the clarification of the facts.

2. The measure may be extended, by reasoned order, by the competent judge, either ex officio or on the reasoned request of the applicant, provided that the grounds for the measure remain.

3. After the period for which the measure was granted, without having been agreed to extend it, or, where appropriate, after the expiry of the measure, it shall cease for all purposes.

It is added by article 13 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

Article 588 bis f. Request for extension.

1. The request for an extension shall be addressed by the Public Prosecutor ' s Office or the Judicial Police to the competent judge sufficiently in advance of the expiry of the period granted. It shall in any event include:

(a) A detailed report of the outcome of the measure.

(b) Reasons for the continuation of the Convention.

2. Within two days of the submission of the application, the judge shall decide on the termination of the measure or its extension by reasoned order. Before making the decision, you may request clarification or further information.

3. Once the extension has been granted, its calculation shall begin from the date of expiry of the period of time for the agreed measure.

It is added by article 13 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

Article 588 bis g. Measure control.

The judicial police shall inform the investigating judge of the progress and results of the measure, in the form and at such intervals as the measure determines and, in any event, when the measure is terminated for any reason.

It is added by article 13 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

Article 588 bis h. Affection of third persons.

The investigative measures regulated in the following chapters may be agreed even if they affect third parties in the cases and under the conditions laid down in the specific provisions of each of them.

It is added by article 13 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

Article 588 bis i. Use of information obtained under a different procedure and casual discoveries.

The use of information obtained under a different procedure and casual findings shall be regulated in accordance with Article 579a.

It is added by article 13 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

Article 588 bis j. Stop the measure.

The judge shall agree to cease the measure when the circumstances justifying its adoption disappear or it becomes clear that the intended results are not being obtained through it and, in any case, when the period for which it was authorized has elapsed.

It is added by article 13 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

Article 588a k. Destruction of records.

1. Once the procedure is terminated by final resolution, the deletion and removal of the original records which may be recorded in the electronic and computer systems used in the execution of the measure shall be ordered. A copy shall be kept in the custody of the court clerk.

2. The destruction of the preserved copies shall be agreed upon after five years have elapsed since the execution of the sentence, or when the offence or sentence has been prescribed or the release ordered, or a final acquittal has been handed down in respect of the person under investigation, provided that it is not required to be retained in the judgement of the Court.

3. The courts shall order the Judicial Police to carry out the destruction referred to in the preceding subparagraphs.

It is added by article 13 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

CHAPTER V

Interception of telephone and telematic communications

It is added by article 14 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

Section 1.a General provisions

It is added by article 14 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

Article 588 ter a. Budgets.

Authorization for the interception of telephone and telematic communications may only be granted if the investigation is aimed at any of the offences referred to in article 579.1 of this Law or offences committed through computer instruments or any other information or communication technology or communication service.

It is added by article 14 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

Article 588 ter b. Scope.

1. The terminals or means of communication which are the subject of intervention must be those that are habitually or occasionally used by the person under investigation.

2. The judicially agreed intervention may authorise access to the content of communications and electronic traffic data or data associated with the communication process, as well as to those that occur independently of the establishment or not of a particular communication, in which the subject under investigation participates, either as an issuer or as a receiver, and may affect the terminals or means of communication of which the investigated person is a holder or user.

The victim ' s terminals or means of communication may also be intervened when a serious risk to his life or integrity is foreseeable.

For the purposes of this Article, electronic traffic data or associated data shall be understood to mean all data generated as a result of the conduct of communication through an electronic communications network, its making available to the user, and the provision of a service of the information society or telematic communication of a similar nature.

It is added by article 14 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

Article 588b c. Affection to third party.

The judicial intervention of communications issued from terminals or means of telematic communication belonging to a third person may be agreed provided that:

1. there is a record that the subject under investigation uses the subject to transmit or receive information; or

2. the holder collaborates with the person under investigation for his or her illicit purposes or benefits from his or her activity.

Such intervention may also be authorised where the device under investigation is used maliciously by third parties via telematics, without the knowledge of the holder.

It is added by article 14 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

Article 588 ter d. Request for judicial authorization.

1. The application for judicial authorisation shall contain, in addition to the requirements referred to in Article 588a(b), the following:

(a) the identification of the subscriber number, terminal or technical label;

(b) identification of the connection subject to the intervention or

(c) the data necessary to identify the telecommunications medium concerned.

2. In order to determine the extent of the measure, the purpose of the application for judicial authorization may be to:

(a) Recording and recording the contents of the communication, indicating the form or type of communications to which it relates.

(b) Knowledge of its origin or destination, at the time the communication is made.

(c) The geographical location of the origin or destination of the communication.

(d) Knowledge of other traffic data associated or not associated but of value added to communication. In this case, the request shall specify the specific data to be obtained.

3. In cases of urgency, when investigations are carried out for the purpose of investigating offences related to the conduct of armed gangs or terrorist elements and there are reasonable grounds for making the measure provided for in the preceding paragraphs of this article essential, it may be ordered by the Minister of the Interior or, failing that, by the Secretary of State for Security. This measure shall be communicated immediately to the competent judge and, in any event, within a maximum period of 24 hours, stating the reasons for the adoption of the measure, the action taken, the manner in which it was carried out and its outcome. The competent judge, also on a reasoned basis, shall revoke or confirm such action within a maximum period of seventy-two hours after the measure has been ordered.

It is added by article 14 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

Article 588 ter e. Duty of collaboration.

1. All providers of telecommunications services, access to a telecommunications network or information society services, as well as any person who in any way contributes to the facilitation of communications via telephone or any other means or system of telematic communication, logical or virtual, are obliged to provide the judge, the Public Prosecutor's Office and the judicial police officers designated for the practice of the measure with the necessary assistance and collaboration to facilitate compliance with the telecommunications intervention orders.

2. Subjects required to cooperate shall be required to keep secret the activities required by the authorities.

3. Obliged persons who fail to comply with their previous duties may be guilty of disobedience.

It is added by article 14 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

Article 588 ter f. Measure control.

Pursuant to article 588 bis g, the Judicial Police shall make available to the judge, at such intervals as the judge determines and in different digital media, the transcript of the passages it considers of interest and the entire recordings made. The origin and destination of each of them shall be indicated and the authenticity and integrity of the information overturned from the central computer to the digital media on which the communications have been recorded shall be ensured by means of an advanced sealing or electronic signature system or sufficiently reliable adverication system.

It is added by article 14 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

Article 588 ter g. Duration.

The maximum initial duration of the intervention, calculated from the date of judicial authorisation, shall be three months, which may be extended for successive periods of equal duration up to a maximum period of eighteen months.

It is added by article 14 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

Article 588 ter h. Request for extension.

In order to substantiate the request for an extension, the Judicial Police shall, if necessary, provide a transcript of those passages from the conversations from which relevant information is drawn in order to decide on the continuation of the measure.

Before the decision is made, the judge may request clarification or further information, including the full content of the discussions.

It is added by article 14 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

Article 588 ter i. Access of the parties to the recordings.

1. The secrecy shall be lifted and the duration of the intervention measure shall expire. Copies of the recordings and transcripts made shall be given to the parties. If the recording contains data referring to aspects of the intimate life of persons, only the recording and transcription of those parts that do not refer to them shall be given. The non-inclusion of the entire recording in the transcript delivered shall be expressly recorded.

2. Once the recordings have been examined and within the time limit set by the judge, in view of the volume of the information contained in the media, either party may request the inclusion in the copies of those communications which it considers relevant and which have been excluded. The investigating judge, having heard or examined such communications himself, shall decide on their exclusion or incorporation into the case.

3. The investigating judge shall notify the persons involved in the intercepted communications of the practice of interference and shall inform them of the specific communications in which they have participated that are affected, unless it is impossible, to require a disproportionate effort or may harm future investigations. If the notified person so requests, a copy of the recording or transcription of such communications shall be provided to him, to the extent that this does not affect the right to privacy of other persons or is contrary to the purposes of the proceedings in which the measure of interference has been taken.

It is added by article 14 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

Section 2.a Incorporation into the process of electronic traffic data or associated data

It is added by article 14 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

Article 588bj. Data in automated files of service providers.

1. Electronic data kept by service providers or persons facilitating communication in compliance with the legislation on retention of data relating to electronic communications or on their own initiative for commercial or other reasons and linked to communication processes may only be transferred for incorporation into the proceedings with judicial authorization.

2. Where knowledge of such data is indispensable for the investigation, the competent judge shall be requested to obtain the information contained in the automated files of service providers, including cross-checking or intelligent data, provided that the nature of the data to be known and the reasons for the transfer are specified.

It is added by article 14 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

Section 3.a Access to data needed for the identification of users, terminals and connectivity devices

It is added by article 14 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

Article 588b k. Identification by IP number.

Where, in the exercise of the functions of prevention and discovery of offences committed on the Internet, judicial police officers have access to an IP address that is being used for the commission of an offence and does not include the identification and location of the relevant equipment or connectivity device or the user's personal identification data, they shall request from the investigating judge, as required by article 588 ter e of the obligation to cooperate, the transfer of data that allows the identification and location of the terminal or connectivity device and the identification of the suspect.

It is added by article 14 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

Article 588 ter l. Identification of terminals by capturing identification codes of the apparatus or its components.

1. Provided that it has not been possible to obtain a certain number of subscribers during an investigation and is indispensable for the purposes of the investigation, judicial police officers may use technical devices to gain access to the identification codes or technical labels of the telecommunication apparatus or any of its components, such as the IMSI or IMEI numbering and, in general, any technical means which, according to the state of the technology, is capable of identifying the communication equipment used or the card used to access the telecommunications network.

2. Once the codes allowing the identification of the apparatus or of any of its components have been obtained, the officers of the Judicial Police may request the competent judge to intervene in communications in accordance with the terms set out in article 588 ter d. The application must inform the court of the use of the devices referred to in the preceding paragraph.

The court shall issue a reasoned decision granting or refusing an application for intervention within the time limit laid down in article 588 bis c.

It is added by article 14 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

Article 588b Identification of holders or terminals or connectivity devices.

Where, in the exercise of their functions, the Public Prosecutor's Office or the Judicial Police need to know the ownership of a telephone number or any other means of communication, or, conversely, specify the telephone number or identifying data of any means of communication, they may directly address the telecommunications service providers, access to a telecommunications network or information society services, who shall be obliged to comply with the requirement, under the warning of committing the offence of disobedience.

It is added by article 14 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

CHAPTER VI

Capture and recording of oral communications using electronic devices

It is added by article 15 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

Article 588c a. Recording of direct oral communications.

1. The placement and use of electronic devices may be authorised for the capture and recording of direct oral communications maintained by the person under investigation, on the public road or in another open space, at his or her home or in any other closed place.

The listening and recording devices may be placed both outside and inside the house or closed place.

2. Where entry into the home or any of the spaces intended for the exercise of privacy is necessary, the enabling decision shall extend its motivation to the origin of access to those places.

3. Listening to and recording of private conversations may be supplemented by the collection of images when expressly authorized by the court decision that agrees.

It is added by article 15 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

Article 588c b. Budgets.

1. The use of the devices referred to in the preceding article must be linked to communications which may take place in one or more specific meetings of the person under investigation with other persons and on whose predictability there are indications revealed by the investigation.

2. It may only be authorised if the following requirements are met:

(a) The acts under investigation constitute one of the following offences:

1. Criminal offences punishable by a maximum of at least three years ' imprisonment.

2. Offences committed within a criminal group or organization.

3. Crimes of terrorism.

(b) That it may reasonably be expected that the use of the devices will provide essential and evidentiary data for the clarification of the facts and the identification of the perpetrator.

It is added by article 15 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

Article 588c c. Content of the court decision.

In addition to the requirements laid down in Article 588ac, the court order authorizing the measure shall contain a specific mention of the place or premises and of the meetings of the person under investigation to be monitored.

It is added by article 15 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

Article 588 quater d. Supervision of the measure.

Pursuant to article 588 bis g, the Judicial Police shall make available to the judicial authority the original medium or authentic electronic copy of the recordings and images, which shall be accompanied by a transcript of the conversations it considers of interest.

The report shall identify all actors involved in the implementation and follow-up of the measure.

It is added by article 15 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

Article 588 quater e. Termination.

Once the measure has been terminated for any of the cases referred to in Article 588 bis j, the recording of conversations that may take place at other meetings or the capture of images of such moments will require a new judicial authorization.

It is added by article 15 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

CHAPTER VII

Use of technical imaging, tracking and location devices

It is added by article 16 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

Article 588d Capture images in public places or spaces.

1. The Judicial Police may obtain and record by any technical means images of the person under investigation when he or she is in a public place or space, if necessary to facilitate his or her identification, in order to locate the instruments or effects of the offence or to obtain data relevant to the clarification of the facts.

2. The measure may be carried out even if it affects persons other than the person under investigation, provided that the usefulness of the surveillance is otherwise significantly reduced or there are well-founded indications of the relationship of those persons with the person under investigation and the facts under investigation.

It is added by article 16 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

Article 588 quinquies b. Use of monitoring and tracing devices or technical means.

1. Where reasons of necessity are established and the measure is proportionate, the competent judge may authorise the use of technical monitoring and tracing devices or means.

2. The authorisation shall specify the technical means to be used.

3. The providers, agents and persons referred to in article 588 ter and are obliged to provide the judge, the Public Prosecutor ' s Office and the judicial police officers appointed to carry out the measure with the necessary assistance and cooperation to facilitate compliance with the orders for follow-up, under the warning of committing the offence of disobedience.

4. Where there are reasons for urgency which reasonably cause fear that failure to immediately place the monitoring and tracing device or technical means will frustrate the investigation, the Judicial Police may proceed with its placement, giving as soon as possible, and in any event within a maximum period of 24 hours, to the judicial authority, which may ratify the measure taken or agree to its immediate cessation within the same period. In the latter case, the information obtained from the device placed will have no effect on the process.

It is added by article 16 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

Article 588d c. Duration of the measure.

1. The measure for the use of technical monitoring and tracing devices provided for in the preceding Article shall be of a maximum duration of three months from the date of its authorisation. Exceptionally, the judge may agree on successive extensions for the same or shorter period up to a maximum of 18 months, if justified in the light of the results obtained by the measure.

2. The Judicial Police shall hand over to the judge original media or authentic electronic copies containing the information collected upon request and, in any event, upon completion of the investigations.

3. The information obtained through the technical tracking and tracing devices referred to in the preceding articles shall be properly guarded in order to prevent their misuse.

It is added by article 16 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

CHAPTER VIII

Registration of mass storage of information devices

It is added by article 17 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

Article 588a Need for individual motivation.

1. Where, in the course of the practice of house searches, it is foreseeable that computers, telephone or telematic communication instruments or devices for mass storage of digital information or access to telematic data repositories may be seized, the decision of the investigating judge shall extend its reasoning to the justification, where appropriate, of the reasons justifying the access of the authorized agents to the information contained in such devices.

2. The mere seizure of any of the devices referred to in the preceding paragraph, carried out during the course of the house search procedure, does not legitimize access to its contents, without prejudice to the fact that such access may be subsequently authorized by the competent judge.

It is added by article 17 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

Article 588e b. Access to information from electronic devices seized outside the home of the person under investigation.

The requirement provided for in paragraph 1 of the preceding Article shall also apply to cases where computers, communication instruments or mass data storage devices, or access to telematic data repositories, are apprehended independently of a house registry. In such cases, officers shall inform the judge of the seizure of such effects. If the latter considers it essential to have access to the information contained in the contents of the information, it shall grant the corresponding authorisation.

It is added by article 17 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

Article 588e c. Judicial authorization.

1. The decision of the investigating judge authorising access to the information contained in the devices referred to in this section shall set out the terms and scope of the registration and may authorize copies of the computer data. It shall also lay down the conditions necessary to ensure the integrity of the data and the guarantees of its preservation in order to enable the practice of an expert opinion, where appropriate.

2. Unless they constitute the object or instrument of the offence or there are other reasons justifying it, the seizure of physical media containing the data or computer files shall be avoided, where this may cause serious damage to the owner or owner of the data and a copy of the data may be obtained under conditions guaranteeing the authenticity and integrity of the data.

3. Where those who carry out the registration or have access to the information system or to a part thereof as provided for in this chapter have reasonable grounds to consider that the data sought are stored in another computer system or part thereof, they may extend the registration, provided that the data is lawfully accessible through the initial system or are available to the initial system. This extension of the registration must be authorized by the judge, unless it has already been authorized by the original authorization. In case of urgency, the judicial police or the prosecutor may carry out the proceedings, informing the judge immediately, and in any event within a maximum period of 24 hours, of the manner in which the proceedings were carried out and of the outcome thereof. The competent judge, also on a reasoned basis, shall revoke or confirm such action within a maximum period of seventy-two hours after the interception has been ordered.

4. In cases of urgency where a legitimate constitutional interest is appreciated, making the measure provided for in the preceding paragraphs of this article essential, the Judicial Police may carry out a direct examination of the data contained in the seized device, immediately informing it, and in any event within a maximum period of 24 hours, in written form, to the competent judge, stating the reasons for the adoption of the measure, the action taken, the manner in which it was carried out and its outcome. The competent judge, also on a reasoned basis, shall revoke or confirm such action within 72 hours of the order of the measure.

5. The investigating authorities and agents may order any person who is aware of the operation of the computer system or the measures applied to protect the computer data contained therein to provide the information necessary, provided that this does not give rise to a disproportionate burden on the person concerned, on the warning that he or she is guilty of disobedience.

This provision shall not apply to the person under investigation or accused, to persons who are exempt from the obligation to declare on the basis of kinship and to persons who, pursuant to article 416.2, cannot declare on the basis of professional secrecy.

It is added by article 17 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

CHAPTER IX

Remote computer records

It is added by article 18 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

Article 588f Budgets.

1. The competent judge may authorise the use of identification data and codes, as well as the installation of software, allowing remote and telematic examination of the contents of a computer, electronic device, computer system, mass storage instrument or database without the knowledge of the holder or user, provided that he or she pursues the investigation of any of the following offences:

(a) Offences committed within criminal organizations.

(b) Crimes of terrorism.

(c) Offences committed against minors or persons with judicially modified capacity.

(d) Offences against the Constitutionof treason and related to national defence.

(e) Offences committed through computer tools or any other information or telecommunication technology or communication service.

2. The court decision authorizing the registration shall specify:

(a) Computers, electronic devices, computer systems or parts thereof, computer storage of data or databases, data or other digital content subject to measurement.

(b) The scope of the information, the manner in which the data or computer files relevant to the cause and the software by which the information control will be carried out will be accessed and apprehended.

(c) The agents authorized to execute the measure.

(d) Authorization, where appropriate, for the production and preservation of copies of computer data.

(e) Accurate measures for the preservation of the integrity of stored data, as well as for the inaccessibility or deletion of such data from the computer system to which access has been obtained.

3. When agents carrying out the remote search have reason to believe that the data sought is stored in another computer system or part of it, they shall bring this fact to the attention of the judge, who may authorize an extension of the terms of the registry.

It is added by article 18 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

Article 588f b. Duty of collaboration.

1. The service providers and persons referred to in Article 588b and the holders or persons responsible for the computer system or database subject to registration are obliged to provide the investigating agents with the necessary cooperation for the practice of the measure and access to the system. They are also obliged to provide the necessary assistance to enable the data and information collected to be examined and displayed.

2. The authorities and agents responsible for the investigation may order any person who is aware of the operation of the computer system or the measures applied to protect the computer data contained therein to provide the information necessary for the proper purpose of the diligence.

This provision shall not apply to the person under investigation or prosecution, to persons who are exempt from the obligation to declare on the basis of kinship, and to persons who, pursuant to article 416.2, cannot declare on the basis of professional secrecy.

3. Subjects required to cooperate shall be required to keep secret the activities required by the authorities.

4. The subjects referred to in paragraphs 1 and 2 of this Article shall be subject to the liability provided for in Article 588b(3).

It is added by article 18 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

Article 588f c. Duration.

The measure shall be of a maximum duration of one month, which may be extended for the same periods up to a maximum of three months.

It is added by article 18 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

CHAPTER X

Insurance measures

It is added by article 19 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

Article 588g. Data preservation order.

The Public Prosecutor ' s Office or the Judicial Police may require any natural or legal person to retain and protect specific data or information contained in a computer storage system that is at their disposal until the relevant judicial authorization is obtained for its transfer in accordance with the provisions of the preceding articles.

The data shall be kept for a maximum period of 90 days, which may be extended once until the transfer is authorized or 180 days are completed.

The person requested shall be obliged to cooperate and to keep secret the conduct of this procedure, subject to the responsibility described in Article 588b(3).

It is added by article 19 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Text added, published on 06/10/2015, in force from 06/12/2015.

TITLE IX

Bails and garnishments

Article 589.

Where there is evidence of a criminal offence against a person from the case file, the judge shall order that the person provide sufficient bail to ensure the financial liabilities that may ultimately be declared due, and the same order shall order the seizure of sufficient assets to cover such liabilities if he fails to provide the security.

The amount of this shall be fixed in the same order and shall not be less than one third of the total likely amount of pecuniary liability.

Article 590.

All bail and attachment proceedings shall be conducted separately.

Article 591.

The security may be personal, pledge or mortgage, or by security that may be created in cash, by means of solidarity guarantee of indefinite duration and payable at first request by a credit institution or mutual guarantee company or by any means that, in the opinion of the judge or court, ensures the immediate availability, if any, of the amount concerned.

It is amended by art. 2.65 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 592.

Any Spanish citizen of good conduct and close to the territory of the Tribunal who is in the full enjoyment of civil and political rights may be personally liable to pay three years in advance a contribution which, in the opinion of the investigator, corresponds to the ownership of property or to the exercise of industry, sufficient to prove his or her ownership and solvency for the payment of any responsibilities that may be required.

The guarantor shall not be admitted to any other person or other person until the first bond is cancelled, unless he has, in the opinion of the judge or court, a significant responsibility for both.

When the personal bond is declared sufficiently, the amount of the guarantor's liability shall also be fixed.

Article 593.

The mortgage security may be replaced by another cash security, public effects, or securities and other movable property listed in Article 591 in the following proportion: The value of the assets of the mortgage shall be twice that of the cash indicated for the bond, and one quarter more than that of the effects or securities at the price of the quote. If the replacement is made by any other furniture given in pledge, it shall be the value of the furniture double that of the bond in cash.

Article 594.

The property of mortgage and pledge bonds shall be assessed by two experts appointed by the investigating judge or court hearing the case, and the titles of property relating to the estates offered under mortgage shall be examined by the Public Prosecutor's Office; sufficient must be declared by the same judge or court where appropriate.

Article 595.

The mortgage security may be granted by public deed or "apud act", in the latter case the corresponding order being released for registration in the Register of the Property.

Returning the command by the Registrar, he will join the cause.

The deposit of the money, as well as the deposit of public effects and other securities in cases where the security is thus established, shall also be attached to the deposit.

Article 596.

An appeal shall be lodged against the orders which the judge issues in order to qualify the sufficiency of the bonds.

Article 597.

If, on the day following notification of the order under article 589, the security is not provided, the person concerned shall be seized of his or her property, requiring him or her to indicate sufficient to cover the amount fixed for the pecuniary liability.

Article 598.

If the accused is not present, the request shall be made to his wife, children, proxy, servants or persons at his home.

If none is found, or if the persons found, or the defendant or proxy in his case do not wish to identify property, those who are found to belong to the accused shall be seized, and the order provided for in article 592 of the Convention shall be observed. Civil Procedure Actunder the prohibition contained in articles 605 and 606 of the Act, and in accordance with article 584 of the Act.

The second paragraph is amended by art. 2.66 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 599.

When they identify property and the bailiff in charge of making the embargo believes that the said assets are not sufficient, he shall also seize those he deems necessary, subject to the provisions of the preceding article.

Article 600.

Other proceedings pursuant to the order referred to in Article 589 shall be governed by Articles 738(2) and 738(3) of the Civil Procedure Actwith the speciality established in article 597 of this Law with regard to the requirement of the defendant to indicate goods.

The second paragraph is amended by art. 2.66 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Arts. 601-610.

(No content)

They are left without content by art. 2.68 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Text added, published on 04/11/2009, in force from 04/05/2010.

Article 611.

If during the course of the trial there are sufficient grounds to believe that the pecuniary liabilities that may ultimately be required will exceed the amount prefixed to secure them, the bond or attachment shall be extended by order.

Article 612.

The order will also be issued by ordering that the bond and the attachment be reduced to a lesser amount than the prefixed one if there are sufficient grounds to believe that the amount ordered is greater than the pecuniary responsibilities that could ultimately be imposed on the defendant.

Article 613.

Where the pecuniary responsibilities referred to in this Title have to be fulfilled, the manner prescribed in Article 536 shall be applied.

Article 614.

In all matters not covered by this Title, the Judges and Courts shall apply the provisions of the civil law on bail and attachments.

Article 614 bis.

Once criminal proceedings have been instituted for an offence against the Public Treasury, the criminal judge shall decide on the claims relating to the precautionary measures taken under the protection of the State. Article 81 of the General Tax Act.

It is added by final provision 1.1 of Law 34/2015 of 21 September. Ref. BOE-A-2015-10143.

Text added, published on 22/09/2015, in force from 12/10/2015.

TITLE X

Liability of third parties

Article 615.

Where the preliminary investigation indicates the existence of the civil liability of a third party under the respective articles of the Spanish Criminal Code, or having participated in any of the proceedings for the purpose of the offence, the judge shall, at the request of the civil actor, require the person against whom the liability arises. If not provided, the Judicial Registrar shall seize such property as may be necessary in accordance with Title IX of this book.

It is amended by art. 2.69 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 616.

A person who is required to be bailed or whose property is seized may, during the course of the investigation, make available in writing the reasons for not being held civilly responsible and the evidence he may offer for the same purpose.

Article 617.

The Registrar shall give the party concerned a hearing of the application, and the party concerned shall evacuate it within three days, also proposing the evidence to be used in support of its claim.

It is amended by art. 2.70 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 618.

The judge shall then order the practice of the proposed evidence and decide on the claims made provided that it can do so without delay or prejudice to the main subject matter of the investigation.

Article 619.

For all matters relating to the civil liability of a third party and to the incidents to which the occupation gives rise, the restitution of things in their possession will in due course be made separate, but for no reason will the course of the investigation be impeded or suspended.

Article 620.

The provisions of the preceding articles shall also be observed in respect of any claim for the purpose of restitution to its owner of any of the effects and instruments of the offence held by a third party.

The restitution to its owner of the instruments and objects of the offence may not be verified in any case until after the oral trial has taken place, except as provided for in article 844 of this Act.

Article 621.

Orders issued in such incidents shall be effective, without prejudice to the possibility of the parties to whom they are harmful to reproduce their claims in the oral proceedings or the civil proceedings they may bring in another case.

TITLE X BIS

Specialities in offences against public finances

It is added by final provision 1.2 of Law 34/2015 of 21 September. Ref. BOE-A-2015-10143.

Text added, published on 22/09/2015, in force from 23/09/2015.

Article 621 bis.

1. In the case of offences against public finances, where the tax administration has ordered an act of liquidation, the existence of criminal proceedings shall not paralyse administrative proceedings and proceedings may be initiated for recovery unless the judge, ex officio or at the request of a party, has agreed to suspend enforcement proceedings in accordance with the provisions of the Convention. Article 305.5 of the Criminal Code.

2. When requested to suspend the execution of the winding-up act, the judge or court, after hearing the Public Prosecutor's Office and the injured administration for a period of 10 days, shall, within 10 days, decide by order whether to agree to the suspension requested, in which case it shall determine the scope of the guarantee to be provided and the period within which to do so, which shall in no case exceed two months, except in the circumstances referred to in paragraph 6.

3. The security thus provided shall cover sufficiently the amount resulting from the administrative liquidation carried out, the interest on delay generated by the suspension and the surcharges that would arise in the event of its execution.

4. The order granting the suspension shall automatically be void and without the need for further judicial determination, if the period laid down in paragraph 2 for the formalisation of the guarantee has expired, it has not taken place.

5. The suspension shall only affect the procedure followed against the accused in respect of whom it has been agreed and the recovery proceedings directed against the other accused shall not be suspended until the debt is paid or guaranteed in full by the taxable person.

6. If security could not be provided in whole or in part, the judge may exceptionally agree to suspend it with full or partial exemption from guarantees if he considers that the execution could cause irreparable damage or very difficult reparation.

7. An appeal shall be lodged against the order for suspension of the winding-up act, in one instance.

It is added by final provision 1.2 of Law 34/2015 of 21 September. Ref. BOE-A-2015-10143.

Text added, published on 22/09/2015, in force from 23/09/2015.

Article 621 ter.

1. The suspension shall take effect after the order referred to in the preceding article has been issued and the corresponding security has been duly lodged in accordance with the provisions of the preceding article, in which case its effects shall be deemed to have been withdrawn at the time of its application, without prejudice to the following paragraphs of this article.

2. If, as a result of the actions carried out by the Administration, the accused has been seized, property or rights prior to the date of the order by which the suspension is agreed, such embargoes shall remain effective for the period of time granted to the accused to formalise the security covering the amounts referred to in paragraph 3 of the preceding Article or, where appropriate, those which are enforceable on the accused.

In any event, the Public Prosecutor's Office or the injured administration may request the Court to establish as a guarantee for the purpose of suspension, attachments already carried out or security rights that may be created in respect of the property affected by them, if such assets are considered to be more appropriate for the recovery than the guarantees offered by the accused. In particular, such an application may be made where the suspension has been requested with full or partial waiver of guarantees.

Where the suspension has been agreed with a total or partial waiver of guarantees, the revenue obtained shall remain effective and shall have reduced the amounts due, without being affected by the retroaction referred to in paragraph 1 of this Article.

3. The Administration may not proceed with the disposal of the assets and rights seized in the course of the enforcement proceedings until the conviction confirming in whole or in part the liquidation is final, except in the following cases, where the disposal shall be authorized by the Tribunal.

(a) When they are perishable.

(b) If the owner abandons them or, duly requested as to the purpose of the judicial effect, does not demonstrate.

(c) If maintenance and storage costs exceed the value of the object itself.

(d) Where their preservation may be dangerous to public health or safety.

(e) If they are depreciated over time, even if they do not suffer deterioration.

Effects of the nature of the elements of conviction and those that must be left at the expense of the proceedings shall not be alienated unless they are covered by (a) and (c) above.

4. Once the suspension has been agreed, with or without guarantee, it may be modified or revoked during the course of the proceedings if the circumstances under which it was adopted change.

It is added by final provision 1.2 of Law 34/2015 of 21 September. Ref. BOE-A-2015-10143.

Text added, published on 22/09/2015, in force from 23/09/2015.

TITLE XI

The conclusion of the summary and the dismissal

Chapter I

From the conclusion of the summary

Article 622.

If the examining magistrate considers that the case has been completed, he shall give the order of his own motion or at the request of the examining magistrate, and shall order the evidence and evidence to be sent to the competent court to hear the offence.

Where there is no private prosecutor and the Public Prosecutor considers that the case file has gathered sufficient evidence to qualify the facts and to be able to enter into the proceedings of the oral proceedings, he shall submit it to the investigating judge so that, without further delay, the proceedings may be referred to the competent court.

The application of appeals granted only for one purpose shall never prevent the termination of the case, after the examining magistrate has complied with the requirements of article 227 of this Law, and the receipt of the relevant testimony by the High Court shall have been taken into account.

In such cases, when the judicial registrar refers the case to the hearing, he or she shall be careful to express appeals to an effect that is pending. At the hearing, the application of articles 627 et seq. shall be suspended until the pending appeals have been resolved. If they are dismissed, as soon as the decision so agreed is final, the case shall continue to be heard in accordance with the above-mentioned articles; and if an appeal is made, the judge ' s order shall be revoked without further delay, and the case shall be dismissed by the judicial registrar, who shall return the case without further delay, with the evidence of the decision on the appeal, for the purpose of the proceedings resulting from such a decision.

The fourth paragraph is amended by art. 2.71 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 623.

In one case or another, the order for the conclusion of the case shall be notified to the individual complainant, if any, even if he is only a civil actor, to the accused and to the other persons against whom it is civil liability, by summoning them to appear before the relevant High Court within 10 days, or in the case of 15 days if the case is before the Supreme Court. At the same time, it shall be brought to the attention of the Ministry of Public Prosecutions when the case concerns an offence in which it is involved on account of its position.

Article 624.

If the investigating judge fails to acknowledge the fact that the case has been brought, he shall refer the case to the municipal judge, consulting the order in which he agrees with the competent higher court.

Article 625.

The order must therefore be signed on the basis of the approval of the Superior Court, or on the ground that the appeal which may have been lodged has been dismissed, the parties shall be summoned within five days to appear before the municipal judge to whom they may be brought.

Once the case has been heard by the municipal judge, the trial shall be conducted in accordance with Book VI of this Law.

Article 626.

Having received at the Tribunal the evidence and evidence of conviction, the Registrar shall appoint the relevant Judge-Rapporteur on a rotating basis.

Apart from the cases provided for in the two preceding articles, and for the remainder of the time remaining to complete the term of the case, the Judge-Rapporteur shall open the documents and other closed and sealed articles referred by the Judge-in-quiring.

The record of the opening shall be drawn up by the Registrar, who shall record the status of the proceedings.

It is amended by art. 2.72 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 627.

After that period, the judicial registrar shall pass the indictments for investigation by another, which shall not be less than three days or exceed ten, depending on the volume of the proceedings, to the Public Prosecutor ' s Office, if the case relates to an offence in which he must be involved, then to the prosecutor, if he has been committed, and finally to the defence of the accused or accused.

If the case exceeds one thousand pages, the judicial secretary may extend the term, without in any case exceeding the extension of the same length.

Upon return, it shall be accompanied in writing by the order of the inferior who has declared the completion of the investigation, or by the request for the practice of new proceedings.

In the same letter, if the opinion is in accordance with the order for the termination of the case, the Public Prosecutor shall, when it intervenes, be requested by the Prosecutor of the complainant, if any, and by the defence of the accused or accused, whatever they deem appropriate to their right, with regard to the opening of the oral trial or dismissal of any kind.

It is amended by art. 2.73 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 628.

Returning the case or collecting the power of attorney of the last person who received it, the Registrar shall immediately forward it to the rapporteur, together with the pleadings submitted, for a period of three days.

It is amended by art. 2.74 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 629.

The judicial registrar shall, upon surrendering the case, arrange for the Prosecutor, the complainant and the accused or accused in his case to examine correspondence, books, papers and other evidence without risk of alteration in his or her condition.

It is amended by art. 2.75 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 630.

After the expiry of the period referred to in Article 628, the Court shall issue an order confirming or revoking that of the investigating judge.

Article 631.

If the order is revoked, the proceedings shall be referred back to the judge who referred them, stating the steps to be taken.

The evidence of conviction which the Court considers necessary for the conduct of the new proceedings shall also be returned.

Article 632.

If the order is confirmed by declaring the summary completed, the Court shall, within the third day, decide on the request for an oral trial or dismissal.

Article 633.

The order in which the Court agrees to open the oral proceedings shall provide for the transfer referred to in Article 649, without prejudice to the provisions of Chapter II of this Title.

Chapter II

Dismissal

Article 634.

Discontinuance may be free or provisional, in whole or in part.

If the partial dismissal is the case, the oral trial shall be ordered in respect of those accused who do not favour.

If it is total, it shall be ordered that the case and pieces of conviction which have no known owner be filed, after the necessary steps have been taken for the execution of the order.

Article 635.

The pieces of conviction the owner of which is known will continue to be held if requested by a third party, until the civil action to be instituted is resolved.

In this case, if the Court agrees to the retention, it shall fix the period within which it shall be established that the action has been brought.

After the period set in accordance with the preceding paragraph has elapsed without proof of the exercise of civil action, or if no one has claimed to continue the retention of the pieces of conviction, they shall be returned to their owners.

The owner shall be deemed to have possessed the thing at the time of seizure of it by the investigating judge.

Notwithstanding the provisions of the preceding paragraphs, where the evidence of conviction poses, by its nature, a serious danger to the social or individual interests, as well as to persons as to their property, the Tribunals shall, in their prevention, agree to give them the fate provided for in the Regulations or, where appropriate, to render them useless, if appropriate, after compensation.

Article 636.

An appeal shall be brought against orders of dismissal only if necessary.

The order for dismissal shall be communicated to the victims of the offence, at the e-mail address and, failing that, by ordinary mail to the postal address or domicile designated by them in the application provided for in article 5.1.m of the Act on the Status of Victims of Crime.

In cases of death or disappearance caused by an offence, the order for dismissal shall be similarly communicated to the persons referred to in the second subparagraph of Article 109a(1) whose identity and address of electronic mail or post were known. In such cases, the judge or court may agree, on the grounds of reason, to dispense with communication to all family members when it has already successfully addressed several of them or when it has proved unsuccessful to do so.

Exceptionally, in the case of citizens residing outside the European Union, if there is no e-mail or postal address in which to make the communication, it will be sent to the Spanish diplomatic or consular office in the country of residence for publication.

Five days after the communication, it shall be understood that it has been validly carried out and shall display all its effects, with the calculation of the time limit for the appeal. Except in cases where the victim proves that the content of the communication is impossible to access, the victim shall be exempt from this regime.

Victims may appeal the dismissal order within twenty days even if they have not been shown to be a party to the case.

It is amended by final provision 1.15 of Law 4/2015 of 27 April. Ref. BOE-A-2015-4606.

Article 637.

Discontinuance shall be granted free:

1. (1) Where there is no prima facie evidence that the act giving rise to the formation of the case has been committed.

2. When the act is not an offence.

3. When accused persons are exempt from criminal responsibility as perpetrators, accomplices or cover-ups.

Article 638.

In cases 1 and 2 of the preceding article, it may be declared, upon dismissal, that the formation of the case does not prejudice the reputation of the accused.

At the request of the accused, he may also be granted his right to prosecute the complainant as a slanderer.

The Court may also order the complainant to proceed on its own motion, in accordance with the provisions of Spanish Criminal Code.

Article 639.

In article 637, case 2, if it appears that the act constitutes a misdemeanour, the case shall be referred to the municipal judge competent to conduct the relevant trial.

Article 640.

In case 3 of article 637, dismissal shall be restricted to perpetrators, accomplices or cover-ups who are undoubtedly exempt from criminal responsibility, and the case shall continue with respect to others who are not present in the same case. The provisions of article 638 are applicable to defendants who are declared exempt from liability.

Article 641.

The provisional dismissal shall be as follows:

1. Where the commission of the offence giving rise to the formation of the case is not duly justified.

2. Where an offence has been committed and there are insufficient grounds to accuse a particular person or persons as perpetrators, accomplices or cover-ups.

Article 642.

Where the Public Prosecutor ' s Office requests dismissal in accordance with articles 637 and 641 and has not been brought in the particular complaint case prepared to support the prosecution, the Court may agree that the Public Prosecutor ' s claim shall be made known to the persons concerned in the course of criminal proceedings, so that within the reasonable term indicated to them, they may appear to defend their case if they deem it appropriate.

If they do not appear within the time limit set, the Court shall agree on the dismissal requested by the Ministry of Public Prosecution.

Article 643.

Where in the case referred to in the preceding article the whereabouts of the persons concerned in the course of criminal proceedings are unknown, they shall be called by edicts to be published in the Single Judicial Edict Board.

After the end of the term of appeal, the persons concerned shall not appear, as the preceding article shall prevent.

It is amended by art. 101.8 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Article 644.

Where the Court does not accept the request of the Public Prosecutor concerning the dismissal of the case and there is no particular complaint to support the action, it may, before entering into the dismissal of the case, determine that the case is referred to the Public Prosecutor of the respective Territorial High Court if it is followed in a criminal hearing, or to the Supreme Court if the case is brought before a territorial court, so that, with knowledge of the outcome, they may decide whether or not to hold the charge. The Prosecutor consulted shall bring the decision to the attention of the consulting Tribunal, with the referral of the case.

Article 645.

If a particular complainant is brought to support the action, or if the Public Prosecutor's Office finds that the oral proceedings are being opened, the Court may, however, decide to dismiss the case referred to in article 637 (2) if it considers it appropriate.

In any other case, it may not dispense with the commencement of the trial.

TITLE XII

General provisions relating to previous titles

Article 646.

In addition to the evidence of progress in the cases which the Judicial Registrar is obliged to address to the Prosecutor of the relevant High Court, he shall also transmit to the Prosecutor special testimony of all orders or orders of appeal, or which relate to expert proceedings or recognition which he is interested in hearing for the exercise of his right as an accused party, where he cannot notify him directly, without the suspension of the practice of such proceedings, unless the Prosecutor has reserved himself in advance the right to intervene in them, and there is no prejudice to the suspension.

It is amended by art. 2.76 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 647.

The end of the appeal for the Prosecutor who is not in the same place as the investigating judge shall begin to be counted from the next day to the day on which he receives the testimony of the order or order appealing. The appeal shall be lodged by means of a letter addressed to the Judge with careful communication.

Anyway, you will acknowledge receipt of the testimonies of this class on the same day you receive them.

The second paragraph is amended by art. 2.77 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 648.

The Prosecutors shall keep a register to record the trial parts received, the testimonies of the most notable advances transmitted to them by the Court Registrars, especially those expressed in article 646, and the replies they make, or appeals they make.

It is amended by art. 2.78 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

BOOK III

From the oral trial

TITLE I

The qualification of the offence

Article 649.

When the oral proceedings are opened, the Registrar shall inform the Prosecutor, or the private prosecutor, of the case if it concerns an offence which cannot be prosecuted ex officio, so that within five days they may classify the facts in writing.

This resolution being issued, all acts of the process shall be public.

It is amended by art. 2.79 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 650.

The statement of qualification shall be limited to determining in precise and numbered conclusions:

1. The punishable acts resulting from the proceedings.

2. The legal qualification of the same acts, determining the offence they constitute.

3. The participation in them of the accused or accused, if several.

4. Acts resulting from the proceedings constituting mitigating or aggravating circumstances of the offence or exempting from criminal liability.

5. The penalties imposed by the accused or accused, if several, on the basis of their respective participation in the offence.

The private prosecutor, if any, and the Public Prosecutor's Office, when pursuing the civil action, shall further state:

1. The amount in which they appreciate the damages caused by the offence, or the thing to be returned.

2. The person or persons who appear to be responsible for the damage or restitution of the thing, and the act by which they have incurred this responsibility.

Article 651.

Returned by the Prosecutor, the judicial registrar shall pass the same term and for the same purpose to the individual prosecutor, if any, who shall submit the characterization document, signed by his lawyer and prosecutor in the manner indicated above.

If there is a civil actor, the case shall be transferred to him as soon as it is returned by the Prosecutor or individual prosecutor, so that, in turn, in a term equal to that set out in the preceding articles and with the same formality, he may present numbered conclusions concerning the last two points of the preceding article.

The first paragraph is amended by Article 1. 2.80 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 652.

The case shall then be communicated by the Registrar to the accused and to the third persons who are civilly responsible, so that, in the same term and by their order, they may also express, by numbered conclusions and corresponding to those of the qualification referred to them, whether or not they are in conformity with each one, or in another case, to the points of divergence.

The appointment of a lawyer and a prosecutor, if they do not have one, shall be the responsibility of the judicial secretary.

It is amended by art. 2.81 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 653.

The parties may submit, on each of the points to be assessed, two or more conclusions in an alternative form, so that, if the judgment does not result in the origin of the first, any of the other points in the judgment may be considered.

Article 654.

The Registrar shall, in handing over the case to the parties in accordance with the provisions of the preceding articles, arrange whatever he deems appropriate for them to examine correspondence, books, papers and other evidence of conviction, without danger of alteration in their condition.

It is amended by art. 2.82 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 655.

1. Upon the removal of the accused ' s representation, the transfer of qualification may be declared in full conformity with the one he has most seriously qualified, if there is more than one, and with the penalty requested; and may also be expressed by the assistance of counsel if this, however, makes the continuation of the trial necessary.

The counsel or counsel shall provide the person to whom the information on the agreement has been made to defend it in writing.

If the defendant ' s counsel or counsel does not agree that the continuation of the trial is necessary and, on the basis of the description of the facts accepted by all parties, the court understands that the accepted qualification is correct and that the sentence is appropriate according to that qualification, it shall render a sentence in conformity. Such conformity may also be provided with the new qualifier signed jointly by the prosecution parties and the accused party together with counsel or counsel, which may not refer to a separate act or contain a more serious characterization than that of the previous indictment. The court shall in any event hear the accused as to whether his agreement has been freely given and with knowledge of its consequences. If the court considers the qualification formulated or understands that the sentence sought is not lawful, it shall require the party who filed the most serious indictment to state whether it is ratified or not. Only when the requested party amends its indictment in such a way that the qualification is correct and the sentence sought is appropriate and the defendant re-applies, may the judge, judge or court sentence in accordance. In another case, order the trial. The trial will also continue if there are several defendants and not all of them show equal agreement.

2. The Public Prosecutor ' s Office shall hear the victim or injured person in advance, even if they are not present in the case, whenever possible and deemed necessary to properly weigh the effects and extent of such conformity, and in any case where the gravity or significance of the act or intensity or amount is particularly significant, as well as in all cases where victims or injured persons are in a particularly vulnerable situation.

3. Once the defendant ' s defence expresses its agreement, the president or president of the court shall inform the accused of its consequences and shall then require him or her to state whether he or she agrees. Where the court has doubts as to whether the accused has freely agreed, it shall agree to the trial.

4. Where the accused or accused are dissipated solely from civil liability, the trial shall be limited to the testing and discussion of the points relating to such liability.

5. They do not bind the court to the conformity of the adoption of protective measures in cases of limitation of criminal responsibility. Upon ratification of the accused, the accused shall without further formalities render the sentence that is applicable according to the mutually accepted qualification, without being able to impose a penalty higher than the one applied for.

6. The judgment of conformity shall be issued orally and documented in the minutes with an expression of the judgement and a brief statement of reasons, without prejudice to its subsequent wording. If the public prosecutor and the parties, known to have decided not to appeal, the judge shall, in the same act, declare orally the finality of the sentence and shall, after hearing the parties, decide on the suspension of the sentence imposed or its replacement, where appropriate. The court will also decide on the postponement of pecuniary responsibilities and, as soon as possible, the requirements and liquidations of the sentences imposed in the sentence.

7. Judgments of conformity shall be subject to appeal only if they have not complied with the requirements or terms of conformity, without the accused person being able to challenge his freely provided conformity on substantive grounds.

8. Where the accused is a legal person, the conformity shall be provided by his/her specially designated representative, provided that he/she has special authority. Such conformity, which shall be subject to the requirements set out in the preceding paragraphs, may be made irrespective of the position of the other accused persons and its content shall not be linked in the proceedings in relation to them.

If this is not appropriate according to that qualification, but a higher qualification, the Tribunal shall agree to continue the trial.

The trial will also continue if there are several defendants and not all of them show equal agreement.

Where the accused or accused are dissipated solely from civil liability, the trial shall be limited to the testing and discussion of the points relating to such liability.

It is amended, with effect from 3 April 2025, by art. 20.4 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Article 656.

The Prosecutor ' s Office and the parties shall present in their respective characterization briefs evidence of their attempts to avail themselves of themselves by presenting lists of experts and witnesses to be heard at their instance.

The lists of experts and witnesses shall state their names and surnames, the nickname, if known by him, and their domicile or residence; and the party who submits them shall also state whether the experts and witnesses are to be summoned by the courts or if they are to be heard by them.

Article 657.

Each party shall submit as many copies of the lists of experts and witnesses as the other persons in the case, each of whom shall be provided with one of those copies on the same day as they are presented.

The original lists will join the cause.

The parties may also request that proceedings be carried out which, for any reason, were not to be feared that they could not be carried out in the oral proceedings, or which might give rise to their suspension.

Article 658.

When the documents of qualification have been submitted, or the case of the person who has obtained it after the expiry of the period referred to in Article 649 has been referred to, the judicial secretary shall take the necessary steps to determine the qualification and shall agree to pass the case on to the rapporteur, on a third day, for the examination of the proposed evidence.

It is amended by art. 2.83 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 659.

Returning the case to the Rapporteur, the Court shall examine the evidence proposed and shall immediately issue an order, admitting those it considers relevant and rejecting the others.

In order to reject the proposals by the private prosecutor, the Prosecutor must be heard if he or she intervenes in the case.

No appeal shall be lodged against the part of the order by admitting the evidence or ordering the evidence found in the case of the third paragraph of article 657.

An appeal may be lodged against a decision rejecting or refusing the conduct of a trial, if it is prepared in due course with a protest.

In the light of this order, the Registrar shall set the date and time on which the oral proceedings shall commence, subject to the provisions of article 182 of the Rules of Procedure. Civil Procedure Act.

The general criteria and specific and specific instructions to be issued by the Presidents of the Chamber or Section, according to which the statement shall be made, shall also take into account:

1st Prison of the accused;

2. Ensuring their presence at the disposal of the courts;

3. Other personal protective measures taken;

4. Priority of other causes;

5. The complexity of the proposed test or any modificational circumstance, as determined by them after consideration of the case or litigation in question.

In any event, even if he is not a party to the proceedings or is not required to intervene, the judicial registrar shall inform the victim in writing of the date and place of the trial.

The fifth paragraph is amended and the sixth and seventh paragraphs are added by art. 2.84 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 660.

The Registrar shall issue the necessary summons or warrants for the summons of experts and witnesses designated by the party for this purpose.

The exhortations or commandments shall be sent ex officio for their fulfillment, unless the party requests that they be delivered to him.

In this case, the judicial secretary shall indicate a time limit within which they shall be returned in full.

It is amended by art. 2.85 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 661.

The citations of experts and witnesses shall be carried out in the manner set out in Title VII of Book I.

Such experts and witnesses who do not appear, without any legitimate cause to prevent such attendance, shall be fined in accordance with article 175 (5).

If re-quoted, they also cease to appear, they shall be prosecuted for the offence of obstruction of justice, as defined in the Article 463.1 of the Criminal Code.

The third paragraph is amended by art. 5.2 of Law 38/2002 of 24 October. Ref. BOE-A-2002-20823.

Article 662.

The parties may challenge experts on the lists for any of the cases referred to in Article 468.

The challenge shall be made within three days of delivery to the challenger of the list containing the name of the challenge.

Where the challenge is alleged, the judicial secretary shall transmit the written statement to the party seeking to avail himself of the challenged expert.

After the end of the period and after having returned or collected the orders, they shall be received on trial for six days, during which each of the parties shall practise whatever is convenient to him.

After the end of the trial period, the Registrar shall indicate the day of the hearing, to which the parties and their defence counsel may attend, and within the legal term the Court shall decide the incident.

No appeal shall be lodged against the order.

The third and fifth subparagraphs are amended by art. 2.86 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 663.

An expert who is not challenged in the term set out in the preceding article may not be challenged thereafter, unless he has subsequently engaged in any of the grounds for challenge.

Article 664.

The Tribunal shall also provide that those accused who are in detention shall be immediately taken to the prison of the population in which the trial is to be continued, and shall be summoned by the judicial registrar for the trial, as well as those who are on provisional release to appear on the scheduled day, and shall also notify the guarantors or owners of the property on bail, issuing the necessary warrants and warrants.

The failure of the summons expressed in the preceding paragraph shall be grounds for cassation, if the party who has not been summoned does not appear at the trial.

The first paragraph is amended by Article 1. 2.87 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 665.

When the documents of qualification have been submitted and the proposed evidence has been examined, the President of the Court or Criminal Chamber shall understand that it is necessary to set up a section in a particular locality for the purpose of the trial, and shall so agree, bringing it to the attention of the Ministry of Grace and Justice.

TITLE II

Articles of pre-sentence

Article 666.

Only the following questions or exceptions shall be the subject of articles before the Committee:

1.a The declination of jurisdiction.

2.a. Reciprocal.

3.a The statute of limitations.

4.a Amnesty or pardon.

5.a The lack of administrative authorization to prosecute where necessary, in accordance with the Constitution and special laws.

Article 667.

The questions set out in the preceding article may be proposed within three days from the date of the delivery of the order for the classification of the facts.

Article 668.

The applicant shall accompany the document supporting the facts in which it is founded and, if it does not have them at his disposal, shall clearly and determinedly designate the file or office in which they are located, requesting that the Tribunal claim them to whomever they belong, original or by means of certification, as appropriate.

It shall also submit as many copies of the letter and documents as the representatives of the parties concerned. Such copies shall be delivered to them on the day of the submission, so as to be recorded by the Registrar by diligence.

Article 669.

The representatives of the parties to whom the copies referred to have been delivered shall reply within three days, accompanied also by the documents on which their claims are based, if they are in their possession, or by designating the file or office in which they are located, requesting in this case that the Tribunal claim them in the terms set out in the preceding article.

Article 670.

After three days, the Tribunal shall decide or refuse to grant a claim for documents, whether or not it considers them necessary for the decision of the article.

If the documents are not submitted or the designation of the place where they are located is not made, the alleged exception shall not be suspended.

Article 671.

If the Tribunal agrees to the claim for documents, it will receive the item on trial for the necessary period, which may not exceed eight days.

The Tribunal shall, in the same order, address appropriate communications to the Heads or the persons responsible for the archives or offices in which the documents are located, determining whether to transmit the originals or by means of a certificate.

Article 672.

Where the documents are to be sent by means of a certificate, the parties shall be advised of the right to appear in the file or office, in order to indicate the part of the document to be certified, if it is not necessary for them to verify the whole document, and to witness the cross-checking.

The articles of previous pronouncement shall not admit witness evidence.

Article 673.

After the expiry of the period of evidence, the judicial registrar shall immediately indicate the day of the hearing, at which the defence counsels of the parties may inform the court of their right if they so request.

It is amended by art. 2.88 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 674.

On the day following the hearing, the Tribunal shall issue an order ruling on the proposed issues.

If one of them is of declination of jurisdiction, the Tribunal shall rule on it before the other.

Where it considers it appropriate, it shall refer the case to the Court or Judge which it considers competent and shall refrain from deciding on the other case.

Article 675.

When it is declared that there are any of the exceptions included in the numbers 2nd, 3rd and 4th of Article 666, it shall be set aside freely, ordering the release of the accused or accused who are not imprisoned for any other reason.

Article 676.

If the Tribunal does not find the declination sufficiently justified, it shall declare that there is no place for the declination, confirming its competence to deal with the offence.

If he does not consider any other case justified, he will simply declare that there is no place for his admission and therefore order the case to continue according to his condition.

Against the resolution of the decline and against which the exceptions 2.a, 3.a and 4.a of Article 666 are accepted, the appeal proceeds. No appeal is lodged against such dismissal except against the judgment, without prejudice to Article 678.

Article 677.

If the Tribunal considers the article to be appropriate for lack of authorization to prosecute, it shall immediately order this defect to be remedied, pending the suspension of the case, which shall continue according to its status, once the authorization has been granted.

If the request is refused, all actions shall be null and void and the case shall be dismissed freely.

No appeal shall be lodged against an order dismissing this exception, and the second paragraph of the preceding article shall be observed.

Article 678.

The parties may reproduce in the oral proceedings, as means of defence, any preliminary questions that have been rejected, except those of decline.

The foregoing shall not apply in the cases before the Jury Court without prejudice to what may be alleged in the appeal against the judgement.

Article 679.

When the proposed questions have been rejected, the case shall again be communicated for a period of three days to the party who has invoked them for the purpose prescribed in article 649.

TITLE III

The holding of the oral trial

Chapter I

Publicity of debates

Article 680.

The proceedings of the oral proceedings shall be public, subject to the penalty of nullity, without prejudice to the provisions of the following article.

It is amended by final provision 1.16 of Law 4/2015 of 27 April. Ref. BOE-A-2015-4606.

Article 681.

1. The judge or court may, on its own motion or at the request of either party, after hearing the parties, agree that all or any of the acts or sessions of the trial shall be held in camera, where security or public order reasons so require, or that adequate protection of the fundamental rights of the interveners, in particular, the right to privacy of the victim, respect for the victim or his family, or is necessary to prevent the relevant harm to the victims which might otherwise arise from the ordinary conduct of the proceedings. However, the Judge or the President of the Court may authorize the presence of persons who show a special interest in the case. The above restriction, without prejudice to the provisions of article 707, shall not apply to the Public Prosecutor ' s Office, to persons injured by the offence, to persons prosecuted, to the private prosecutor, to the civilian actor and to the respective defence counsel.

2. It may also agree to adopt the following measures for the protection of the privacy of the victim and his or her family members:

(a) Prohibit the disclosure or publication of information relating to the identity of the victim, of data that may facilitate his or her identification directly or indirectly, or of personal circumstances that have been assessed to address his or her protection needs.

(b) To prohibit the collection, dissemination or publication of images of the victim or his or her family members.

3. In any event, it is prohibited to disseminate or publish information concerning the identity of minors, victims with disabilities in need of special protection and victims of crimes of sexual violence referred to in the Convention. Article 3 of Organic Law 10/2022 of 6 Septemberas a comprehensive guarantee of sexual freedom, as well as of data that can facilitate their identification directly or indirectly, or of personal circumstances that would have been assessed to address their protection needs, as well as the collection, dissemination or publication of images of them or their relatives.

Paragraph 3 is amended in the wording given to the final provision 1.4 of Organic Law 10/2022 of 6 September by the final provision 11.2 of Organic Law 2/2024 of 1 August. Ref. BOE-A-2024-15936

Paragraph 3 is amended, with effect from 7 October 2022, by final provision 1.4 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

It is amended by final provision 1.17 of Law 4/2015 of 27 April. Ref. BOE-A-2015-4606.

Article 682.

The judge or court may, after hearing the parties, restrict the presence of the audiovisual media at the trial sessions and prohibit the recording of any or all of the hearings where it is essential to preserve the order of the sessions and the fundamental rights of the parties and other actors, in particular the right to privacy of the victims, due respect for the victim or his family, or the need to avoid the relevant harm to the victims which might otherwise arise from the ordinary conduct of the proceedings. For this purpose, it may:

(a) To prohibit the recording of sound or image in the practice of certain tests, or to determine which proceedings or actions may be recorded and disseminated.

(b) To prohibit the taking and dissemination of images of any or some of the persons involved.

(c) Prohibit the facilitation of the identity of victims, witnesses or experts or any other person involved in the trial.

It is amended by final provision 1.18 of Law 4/2015 of 27 April. Ref. BOE-A-2015-4606.

Chapter II

The powers of the President of the Tribunal

Article 683.

The President will lead the debates by taking care to prevent impertinent discussions and not lead to the clarification of the truth, without thereby restricting the defenders the freedom necessary for the defence.

Article 684.

The President shall have all the powers necessary to maintain or restore order at the sittings and to maintain respect for the Court and other public authorities, and may correct in the act by a fine of between 5,000 and 25,000 pesetas offences which do not constitute an offence or which do not have a special correction specified in the Act.

The President shall call to order all persons who alter him or her and may remove them from the premises if he or she deems it appropriate, without prejudice to the fine referred to in the preceding article.

It may also agree that anyone who commits an offence during the session shall be detained at the same time, making him available to the competent court.

All participants in the oral trial, whatever class they belong to, without excluding the military, are subject to the disciplinary jurisdiction of the President. If they disturb the order with an act constituting an offence, they shall be expelled from the premises and handed over to the competent authority.

Article 685.

Any person questioned or speaking to the Tribunal shall speak on his or her own feet.

Except for the Prosecutor ' s Office, the defence counsel of the parties and persons whom the President dispenses with this obligation for special reasons.

Article 686.

Approval or disapproval samples are prohibited.

Article 687.

When the accused alters the order with an inconvenient conduct and persists in it despite the warnings of the President and the warning to have him leave the premises, the Tribunal may decide to expel him for a certain period of time or for the entire duration of the sessions, continuing the sessions in his absence.

Chapter III

How to practice evidence during the oral trial

Section 1.a Confession of accused persons and persons who are civilly responsible

Article 688.

On the day indicated for the commencement of the sessions, the counsel or counsel of the Administration of Justice shall ensure that the evidence collected is present on the premises of the Court and the President shall, in due course, declare the meeting open.

The President shall ask each accused person whether he confesses to the offence charged with in the document of qualification and who is civilly responsible for the restitution of the property or payment of the amount set out in that document for damages.

It is amended, with effect from 3 April 2025, by art. 20.5 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

The first paragraph is amended by Article 1. 2.89 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 689.

If, in addition to the tax classification, there is another individual complainant or various qualifications of such plaintiffs, the defendant shall be asked whether the offender confesses to the offence, according to the most serious qualification, and is civilly responsible for the higher amount that has been established.

Article 690.

If more than one offence is charged to the defendant in the qualification document, the same questions will be asked about each of them.

Article 691.

If the accused are several, each will be asked about the participation attributed to him.

Article 692.

Any other person shall also appear before the Tribunal in the classification of civil liability and shall state whether he conforms to the findings of the qualification of interest to him.

Article 693.

The President shall address the questions referred to in the previous articles with clarity and precision, demanding a categorical answer.

Article 694.

If there is only one defendant in the case and the President of the Court answers in the affirmative, he shall ask the defence if he considers it necessary to continue the oral trial. If the Court gives a negative answer, the Court shall proceed to render a judgment in accordance with the terms of article 655.

Article 695.

If you confess your criminal responsibility, but not your civil responsibility, or even if you accept it, you will not conform to the amount set out in the qualification, the Court will order that the trial continue.

However, in the latter case, the discussion and production of evidence will materialise to the extreme concerning civil liability that the defendant would not have admitted in accordance with the findings of the qualification.

After the act has been completed, the Court shall render a judgement.

Article 696.

If the accused does not confess guilt of the offence attributed to him in the qualification, or his counsel considers it necessary to continue the trial, the trial shall be held.

Article 697.

Where several persons are prosecuted in the same case, article 694 shall apply if all persons confess to the offence or offences attributed to them in the characterization documents, and they recognize the participation in the findings that they have been informed of, unless their counsel considers it necessary to continue the trial.

If any of the accused does not confess to the offence charged with the offence, or if his counsel considers that the continuation of the trial is necessary, the proceedings shall be conducted in accordance with the provisions of the preceding article.

If dissent is only with respect to civil liability, the trial shall continue in the form and for the purposes specified in article 695.

Article 698.

The trial will also continue when the accused or accused do not wish to answer questions posed to them by the President.

Article 699.

Similarly, it shall be done if it has not been possible in the case file to establish the existence of the body of the offence where, if the offence has been committed, it cannot be less than that of the offence, even if the accused or accused and their defence counsel have given their consent.

Article 700.

Where the accused or accused have confessed their responsibility in accordance with the findings of the qualification, and their defence counsel does not consider the continuation of the trial necessary, but the person to whom civil liability alone has been attributed has not appeared before the Tribunal, or in his statement is not satisfied with the findings of the qualification letter relating thereto, shall proceed in accordance with the provisions of article 695.

If he refuses to answer the President's questions, he shall be advised by the President to declare him confessed.

If he persists in his refusal, he shall be declared confessed, and the case shall fail in accordance with article 694.

The same will be done when the defendant, after having confessed his criminal responsibility, refuses to answer about the civilian.

Section 2.a On the examination of witnesses

Article 701.

When the trial is to continue, due to the accused ' s lack of conformity with the indictment, the following shall be done: The facts that led to the investigation shall be reported and the day on which the investigation began, including whether the accused is in prison or on probation, with or without bail. The written qualifications and lists of experts and witnesses that had been submitted in due course shall be read out, listing the evidence proposed and admitted. Continuous action will be taken in the course of the proceedings and the examination of witnesses, starting with that offered by the Public Prosecutor's Office, continuing with the proposal of the other actors, and finally with that of the accused.

The evidence of each party shall be conducted in accordance with the order in which it was proposed in the relevant document. Witnesses shall also be examined by order of their names on the lists. Notwithstanding the above, if the accused requests last to testify on the proposal of his defence, the President shall expressly so agree. Without prejudice to the provisions of the preceding paragraph, the President may alter the order at the request of a party and even ex officio when he deems it appropriate for further clarification of the facts or for the most secure discovery of the truth, without revoking the right of the accused to testify in the last place.

It is amended, with effect from 3 April 2025, by art. 20.6 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

The second and third subparagraphs are amended by art. 2.90 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 702.

All those who, in accordance with Articles 410 to 412 are obliged to testify, shall do so by attending the Court, without any other exception than the persons referred to in Article 412(1), who may do so in writing.

Article 703.

However, if the persons referred to in Article 412(2) have been informed by reason of their charge of the facts in question, they may record the facts by means of a written report, which shall be read immediately before the examination of the other witnesses.

Notwithstanding the above, in the case of the cases provided for in Article 412(3) and (5), the summons as witnesses of the persons to whom they refer shall be made in such a way as not to disturb the proper exercise of their duties.

Article 703 bis.

Where, pursuant to article 449 bis et seq., the testimony of a witness has been pre-established as evidence at the pre-trial stage, reproduction of the audio-visual recording in accordance with article 730.2 shall be made at the request of the party concerned, without the need for the witness to be present at the hearing.

In the cases provided for in Article 449b, the judicial authority may only agree to the witness ' s involvement in the proceedings, exceptionally, when he or she is interested by one of the parties and considered necessary in a reasoned decision, ensuring that the audio-visual recording is supported by accessibility when the witness is a person with a disability.

In any event, the judicial authority responsible for the prosecution may, at the request of a party, agree to intervene in the hearing where the pre-constituted evidence does not meet all the requirements of article 449 bis and causes defencelessness for either party.

It is added by final provision 1.10 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

Text added, published on 05/06/2021, in force from 25/06/2021.

Article 704.

Witnesses to be heard at the oral trial shall remain, until called to give their statements, in a premises on purpose, without communication with those who have already testified or with another person.

Article 705.

The President shall order them to enter into the declaration one by one in accordance with the order referred to in rule 701.

Article 706.

A witness who is over fourteen years of age is present before the Tribunal, and the President shall be sworn in in the manner set out in Article 434.

Article 707.

All witnesses are obliged to declare what they know about what is being asked of them, except for the persons referred to in articles 416, 417 and 418 in their respective cases.

Apart from the cases provided for in article 703 bis, where a person under the age of 18 or a person with disabilities in special need of protection is required to intervene in the proceedings, his or her statement shall be made, where necessary to prevent or reduce the harm to him or her resulting from the conduct of the proceedings or from the practice of the proceedings, avoiding visual confrontation with the accused person. For this purpose, any technical means which makes possible the practice of this test may be used, including the possibility that witnesses may be heard without being present in the courtroom through the use of accessible communication technologies.

These measures shall also apply to statements by victims when the need for these protective measures arises from their initial or subsequent assessment.

The second paragraph is amended by final provision 1.11 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

It is amended by final provision 1.19 of Law 4/2015 of 27 April. Ref. BOE-A-2015-4606.

The last paragraph is amended by final provision 1.3 of Organic Law 8/2006 of 4 December. Ref. BOE-A-2006-21236.

The second paragraph is added by Article 3.9 of Organic Law 14/1999 of 9 June. Ref. BOE-A-1999-12907.

Article 708.

The President shall ask the witness about the circumstances expressed in the first paragraph of rule 436 after which the party who has submitted him may ask him any questions he deems appropriate. The other parties may also address questions to you as they deem appropriate and relevant in the light of their replies.

The President may, by himself or at the excitement of any member of the Tribunal, address to the witnesses any questions which he deems to be appropriate in order to clear up the facts on which he or she declares.

Article 709.

The President shall not allow the witness to answer questions or questions that are misleading, suggestive or impertinent.

The President may take measures to prevent unnecessary questions to the victim concerning privacy, in particular sexual privacy, which are not relevant to the criminal act prosecuted, unless, exceptionally and taking into account the particular circumstances of the case, the President considers them to be relevant and necessary. If those questions were asked, the Chairman would not allow them to be answered.

An appeal may be lodged against the decision taken on this point if the relevant protest is made.

In this case, the minutes shall record the question or reply to the President's refusal to reply.

The second paragraph, with effect from 7 October 2022, is amended by final provision 1.5 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

It is amended by final provision 1.20 of Law 4/2015 of 27 April. Ref. BOE-A-2015-4606.

The third paragraph is amended by art. 2.91 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 710.

The witnesses shall state the reason for their statement and, if they are of reference, shall specify the origin of the news, by designating with their first name and surname, or with the signs with which they are known, the person who communicated it to them.

Article 711.

Witnesses who are deaf and dumb or who do not know the Spanish language shall be examined in the manner prescribed in Articles 440, first paragraph, 441 and 442.

Article 712.

The parties may request that the witness recognize the instruments or effects of the offence or any other evidence of conviction.

Article 713.

In the face of the witness with the accused or witnesses among themselves, the President will not allow insults or threats to be measured, but will limit the effort to address the charges and to make any observations that they may deem appropriate to agree and to discover the truth.

Witnesses who are minors shall not be confronted unless the judge or court deems it essential and not harmful in the interests of such witnesses, after having given an expert report.

The second paragraph is added by Article 3.10 Organic Law 14/1999 of 9 June. Ref. BOE-A-1999-12907.

Article 714.

If the witness's testimony in the oral proceedings is not in accordance with the substance of the evidence provided in the case file, a request for a reading of the evidence may be made by either party.

After reading, the Chairman shall invite the witness to explain the difference or contradiction between his statements.

Article 715.

Provided that witnesses who have testified in the case file are also heard in the oral proceedings, they will only be charged with the offence of false testimony if it is given in the oral proceedings.

Other than the case referred to in the preceding paragraph, witnesses may be held liable in accordance with the provisions of Spanish Criminal Code.

Article 716.

A witness who refuses to testify shall be fined 200 to 5,000 euros, which shall be imposed on the occasion.

If, despite this, he persists in his refusal, he shall be prosecuted as the perpetrator of the offence of gross disobedience to the Authority.

The first paragraph is amended by Article 1. 4.5 of Law 38/2002 of 24 October. Ref. BOE-A-2002-20823.

Article 717.

Statements by judicial police officers and authorities shall have the value of testimony, which is appreciable in accordance with the rules of the rational criterion.

Article 718.

Where the witness has not appeared because of impossibility and the Tribunal considers his statement to be of importance for the success of the trial, the President shall designate one of the persons of the witness to be the residence of the witness, if he has the witness at the place of the trial, the parties may ask him/her any questions they deem appropriate.

The Registrar shall proceed, stating any questions and questions which have been asked to the witness, any replies from the witness and any incidents which have occurred at the time.

Article 719.

If the witness unable to attend the session does not reside at the point at which the session is held, the judicial registrar shall issue an injunction or order to be examined before the relevant judge, subject to the requirements contained in this section.

Where the party or parties prefer that questions or questions be written down in the exhortation or warrant, the President shall agree to it if they are not capcisive, suggestive or impertinent.

The first paragraph is amended by Article 1. 2.92 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 720.

The provisions of the preceding articles shall also apply to the case in which the Court orders the witness to testify or to perform any examination at a particular place, other than the place where the hearing is held.

Article 721.

Where any question is dismissed as misleading, suggestive or impertinent in the cases of the three preceding articles, the appeal may be prepared in the manner prescribed in Article 709.

Article 722.

Witnesses appearing before the Tribunal shall be entitled to compensation, if they so claim.

The Registrar shall determine by decree, taking into account only the expenses of travel and the amount of the wages lost by the witness on the occasion of his appearance to testify.

The second paragraph is amended by Art. 2.93 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Section 3.a of the expert report

Article 723.

Experts may be challenged for the reasons and in the manner prescribed in Articles 468, 469 and 470.

The conduct of the challenge incidents will take place precisely in the period between the admission of the evidence proposed by the parties and the opening of the sessions.

Article 724.

Experts who have not been challenged will be examined together when they have to testify about the same facts, and will answer questions and questions addressed to them by the parties.

Article 725.

If they consider the practice of any recognition necessary to answer them, they shall, if possible, act continuously at the premises of the same hearing.

In another case, the meeting shall be suspended for the necessary time, unless further steps of evidence can continue to be carried out while the experts verify the recognition.

Section 4.a Documentary evidence and eye inspection

Article 726.

The Court shall examine for itself books, documents, papers and other pieces of conviction which may contribute to the clarification of facts or to the most assured investigation of the truth.

Article 727.

For the test of eye inspection not carried out prior to the opening of the sessions, if the place to be inspected is in the capital, the Tribunal shall be constituted in the capital with the parties, and the Registrar shall extend expressive diligence of the place or thing inspected, including the observations of the parties and other incidents that occur.

If the place is outside the capital, the individual of the Tribunal designated by the President shall be constituted with the parties and the proceedings shall be conducted in the manner set out in the preceding paragraph.

In all other respects, the provisions of Title V, Chapter I of Book II shall be as far as necessary.

Section 5. Provisions common to the four preceding sections

Article 728.

No other proceedings may be conducted other than those proposed by the parties, nor may witnesses be examined other than those included in the lists submitted.

Article 729.

Except as provided for in the preceding article:

1. The faces of witnesses with one another or with or between the accused, agreed by the President ex officio, or on the proposal of either party.

2. The evidence not proposed by either party, which the Tribunal considers necessary for the verification of any of the facts which have been the subject of the qualification briefs.

3. The evidence of any kind offered by the parties in the act to demonstrate any circumstance that may influence the evidentiary value of a witness ' statement, if the Tribunal considers it admissible.

Article 730.

1. The proceedings carried out in the proceedings may also be read or reproduced at the request of either party, which, for reasons independent of the will of the parties, cannot be reproduced in the oral proceedings.

2. At the request of either party, audio-visual recording of the victim ' s or witness ' s statement as pre-constituted evidence may be reproduced during the pre-trial phase in accordance with article 449 bis.

It is amended by final provision 1.12 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

It is amended by final provision 1.21 of Law 4/2015 of 27 April. Ref. BOE-A-2015-4606.

Article 731.

The Court shall take appropriate measures to prevent accused persons on provisional release from absent or failing to appear in the proceedings from the beginning of the proceedings until the judgement is delivered.

Article 731 bis.

The Court, on its own initiative or at the request of a party, on grounds of utility, security or public order, and in cases where the appearance of a person to intervene in any type of criminal proceedings as a defendant, witness, expert or in any other condition is burdensome or harmful, and in particular in the case of a minor, may agree that his or her action shall be carried out through videoconference or other similar system allowing the two-way and simultaneous communication of the image and sound, in accordance with paragraph 3 of the Article 229 of the Organic Law on the Judiciary.

It is amended by final provision 1.4 of Organic Law 8/2006 of 4 December. Ref. BOE-A-2006-21236.

It is added by art. 4.3 of Organic Law 13/2003 of 24 October. Ref. BOE-A-2003-19748.

Text added, published on 27/10/2003, in force from 28/10/2003.

Chapter IV

Prosecution of the defence and sentence

Article 732.

The parties may modify the conclusions of the qualification documents after the examination of the evidence.

In this case they shall make the new conclusions in writing and deliver them to the President of the Court.

The conclusions may be formulated in an alternative form, as provided for in Article 653.

Article 733.

If, on the basis of the results of the evidence, the Tribunal understands that the justiciable act has been clearly misqualified, the President may use the following formula:

“Without prejudice to the final ruling on the findings of the prosecution and defence, the Tribunal wishes the Prosecutor and the defence counsels of the accused (or the defence counsels of the parties when there are several) to enlighten it as to whether the justiciable act constitutes the offence of ... or whether there is the exoneration of liability referred to in the ... number of article ... of the Spanish Criminal Code.»

This exceptional power, which the Tribunal shall use sparingly, does not extend to cases for offences which can be prosecuted only on the request of the party, nor does it apply to errors which may have been made in the characterization documents, as well as to the assessment of mitigating and aggravating circumstances, as well as to the participation of each defendant in the execution of the public offence which is the subject of the trial.

If the Prosecutor or any of the parties ' advocates indicate that they are not sufficiently prepared to discuss the matter proposed by the President, the meeting shall be suspended until the following day.

Article 734.

When the time has come to report, the President shall accord the floor to the Prosecutor, if he is a party to the case, and then to the defence counsel of the individual prosecutor if he had been.

In their reports, they shall state the facts they consider proved at trial, their legal qualification, the participation of the accused in them and the civil liability incurred by them or by other persons, as well as the things that they are subject to, or the amount in which they must be regulated when the informants or their representatives also pursue civil action.

Article 735.

The President shall then accord the floor to the defence counsel of the civil actor, if any, who shall limit his report to the points concerning civil liability.

Article 736.

He will immediately give the floor to the defenders of the accused, and after them to those of the civilly responsible persons, if they do not defend themselves under a single representation with them.

Article 737.

The reports of the defence counsels of the parties shall be in accordance with the final conclusions, and, where appropriate, with the proposal of the President of the Tribunal pursuant to rule 733.

Article 738.

After these reports, the parties will only be allowed to rectify facts and concepts.

Article 739.

After the indictment and the defence, the President will ask the defendants if they have anything to say to the Tribunal.

Anyone who answers in the affirmative will be given the word.

The President shall ensure that the accused, when using it, do not offend morale or disrespect due to the Tribunal or to considerations pertaining to all persons, and that they adhere to what is relevant, withdrawing the floor if necessary.

Article 740.

After speaking the defenders of the parties and the defendants, if any, the President will declare the trial for a sentence.

Article 741.

The Court, appreciating on its conscience the evidence carried out at the trial, the reasons given by the prosecution and the defence and the statements made by the defendants themselves, shall render a judgement within the term set forth in this Law.

Provided that the Court makes use of the free discretion granted to it for the qualification of the offence or for the imposition of the penalty, Spanish Criminal Codeit shall state whether it has taken into account the elements of judgment which the applicable rule of the court requires it to take into account.

Article 742.

The judgement shall resolve all matters that have been the subject of trial, condemning or absolved of the accused, not only for the main offence and its related offences, but also for incidental misdemeanours that have been known in the case, without the Tribunal being able to use in this state the formula of dismissal in respect of the accused whom it believes should not be convicted.

The judgement will also resolve all issues relating to civil liability that have been the subject of the trial.

The provisions of article 635, fifth paragraph, on the fate of the elements of conviction which, by their nature, pose a serious danger to the interests expressed therein, shall apply to acquittals.

The court clerk shall notify the accused and the injured party of the sentence in writing, even if they have not shown a party to the case.

The fourth paragraph is added by Article 2.94 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 743.

1. The conduct of oral proceedings and other oral proceedings shall be documented in accordance with the provisions of articles 146 and 147 of the Convention. Civil Procedure Act. The judicial office shall ensure the correct incorporation of the recording into the electronic judicial record. If the systems do not provide electronic judicial records, the lawyer or lawyer of the Administration of Justice shall guard the electronic record that supports the recording.

The parties may request at their own expense copies or, where appropriate, electronic access to the original recordings.

'2. Provided that the necessary technological means are available, they shall guarantee the authenticity and integrity of the engraving or reproduction. To that end, the lawyer or lawyer of the Administration of Justice shall make use of the electronic signature or other security system provided by law. In this case, the holding of the act shall not require the presence in the chamber of the lawyer or lawyer of the Administration of Justice unless requested by the parties, at least two days before the hearing, or exceptionally deemed necessary by the lawyer or lawyer of the Administration of Justice, taking into account the complexity of the case, the number and nature of the evidence to be carried out, the number of participants, the possibility of occurrences that could not be recorded, or the occurrence of other equally exceptional circumstances justifying it. In such cases, the legal counsel of the Administration of Justice shall issue a summary record as provided.

3. If the guarantee mechanisms provided for in the preceding paragraph cannot be used by the judicial registrar, at least the following particulars shall be entered in the record: number and type of proceedings; place and date of holding; duration, attendance at the act; requests and proposals of the parties; in the event of the presentation of evidence, declaration of relevance and order in the practice of the evidence; decisions adopted by the judge or court; and the circumstances and incidents which could not be recorded in that medium.