Understanding the Jury Trial Process in Spain

Facing a trial before the Jury Court requires thorough preparation and the assistance of a specialized criminal defense lawyer. The jury procedure has very specific characteristics that demand expert management of legal strategy, evidence, and appeals. This comprehensive guide explains how the Jury Court functions, the crimes it adjudicates, the jury selection process, and the critical phases and appeals necessary to ensure a robust defense.

What Is the Jury Court and What Crimes Does It Adjudicate?

The Jury Court allows ordinary citizens to participate in the adjudication of serious crimes, as established by the Organic Law of the Jury Court (LOTJ).
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Crimes Under the Jurisdiction of the Jury Court (Art. 1 LOTJ)
The Jury Court adjudicates the following offenses:
- Crimes Against Persons: Homicides and murders.
- Crimes by Public Officials in the Exercise of Their Duties: Such as bribery and malfeasance.
- Crimes Against Honor: Libel and slander.
- Crimes Against Freedom and Security: Threats and failure to render aid.
- Unlawful Entry into a Dwelling.

Crimes Excluded from the Jury Court’s Jurisdiction
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The following offenses fall outside its scope:
- Attempted homicides.
- Crimes committed by persons with special privileges.
- Crimes under the jurisdiction of the National Court.

Jury Selection and Grounds for Exclusion

Eligibility Requirements for Jurors
Under the LOTJ, jurors must meet the following criteria:
1. Disqualifications (Art. 9 LOTJ):
- Individuals convicted of intentional crimes without rehabilitation.
- Persons under indictment or accusation.
- Individuals suspended from public office.

2. Incompatibilities (Art. 10 LOTJ):
- There are 12 grounds for incompatibility, such as serving as a judge, police officer, or lawyer in the case.

3. Prohibitions(Art. 11 LOTJ):
- Persons with a direct or indirect interest in the case.

Excuses and challenges:
1. Excuses (Art. 12 LOTJ):
- Grounds for excuses include family obligations, being over 65 years old, residing abroad, or having serious illnesses.

2. Challenges:
Challenges must be presented within five days if the juror has a disqualification, incompatibility, or prohibition (Art. 21 LOTJ). Proof must be provided.

Jury Selection and Constitution:
- A minimum of 20 candidates is required; if not achieved, a new draw is conducted.
- Each party may challenge up to four jurors without cause (Art. 40 LOTJ).
- Candidates are questioned to ensure their suitability.

Oral Trial: Key Phases and Strategic Defense
Trials before the Jury Court follow distinct phases:
1. Preliminary Issues
- Addressed under Article 36 of the LOTJ.
- Must be submitted within 10 days of notification of the case at the Provincial Court. Late submissions will be rejected.

2. Opening Statements
- Parties formally present their positions.
- Objectives and anticipated evidence are outlined.

3. Presentation of Evidence
- Only relevant, useful, and necessary evidence should be submitted.

4. Closing Arguments
-Emphasis is placed on evidence favoring the defense.
- Clear and persuasive arguments are presented to the jury.

Appeals Against the Jury Court’s Verdict
‍Once the verdict is issued, legal avenues are available to challenge it:

1. Appeal (Art. 846 bis a LOTJ)
An appeal must be filed with the Superior Court of Justice (TSJ) within 10 days on grounds of:
- Procedural guarantees violations.
- Errors in legal classification, sentencing, or civil liability.
- Insufficient evidence to support the verdict.

2. Cassation Appeal:
‍Filed with the Supreme Court for:
- Errors in law when evaluating evidence (e.g., omission of relevant documents).
- Cassation is not permitted if a motion to dissolve the jury was denied, except for violations of fundamental rights.

Why You Need a Specialized Criminal Defense Lawyer
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Facing a trial before the Jury Court requires in-depth knowledge of its procedure and a solid legal strategy. A lawyer specializing in criminal law and jury trials will:

- Prepare your defense from the investigation phase to the oral trial.
- Ensure proper submission and presentation of evidence.
- Address necessary objections to support future appeals.
- Optimize opening statements and closing arguments to present a clear and compelling case to the jury.

The Jury Court procedure has unique features where a well-prepared defense can make all the difference. From jury selection to post-verdict appeals, each phase demands precision and expertise.

If you need legal assistance for a trial before the Jury Court, don’t hesitate—consult an experienced criminal defense lawyer. A professional team will protect your rights and work to achieve the best possible outcome.

As expert lawyers in criminal law, Fukuro Legal advises and represents its clients in the framework of any type of crime.