If you are facing trial before the Jury Court, having access to the proper information and retaining a specialized criminal defense attorney is essential to your defense. Proceedings before the Jury Court have very specific characteristics and demand expert handling of legal strategy, evidence, and remedies.

This comprehensive guide explains how the Jury Court operates, which offenses fall within its jurisdiction, how jurors are selected, and which stages and remedies are fundamental to ensuring a solid defense.

What is the Jury Court and which offenses does it try?

The Jury Court allows ordinary citizens to participate in the adjudication of serious criminal offenses, as established by the Organic Law of the Jury Court (LOTJ).

Offenses within the jurisdiction of the Jury Court (Art. 1 LOTJ):

• Crimes against persons: homicide and murder.
• Offenses committed by public officials in the exercise of their duties, such as bribery and malfeasance.
• Crimes against honor (defamation and slander).
• Crimes against liberty and security (threats, failure to render assistance).
• Home invasion.

Offenses excluded from the Jury Court’s jurisdiction:

• Attempted homicide.
• Crimes committed by persons enjoying special procedural privileges (aforados).
• Crimes within the jurisdiction of the National High Court (Audiencia Nacional).

Jury Selection and Excuses: How It Works

Requirements to serve as a juror (Art. 9 LOTJ – incapacity):

• Persons convicted of intentional offenses who have not been rehabilitated.
• Persons under indictment or formally accused.
• Persons suspended from holding public office.

Incompatibilities (Art. 10 LOTJ):
There are twelve causes of incompatibility, such as being a judge, police officer, or attorney in the same proceedings.

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

Excuses and challenges:

• Excuses (Art. 12 LOTJ): family circumstances, age over 65, residence abroad, or serious disorders.
• Challenges (Art. 21 LOTJ): may be filed within 5 days if a juror presents incapacity, incompatibility, or prohibition. Supporting evidence is mandatory.

Selection and constitution of the jury:

• A minimum of 20 candidates is required; if not reached, a new drawing is held.
• Each party may challenge four jurors without cause (Art. 40 LOTJ).
• Candidates are examined to ensure suitability.

The Oral Trial: Development and Strategic Defense

Proceedings before the Jury Court follow specific stages:

1. Preliminary Motions
   Governed by Art. 36 LOTJ. They must be filed within 10 days from notification of the case before the Provincial Court. If submitted on the trial date, they will be rejected.
2. Opening Statements
   The parties formally appear, present their positions and objectives, and anticipate the evidence to be presented.
3. Presentation of Evidence
   Requesting pertinent, useful, and necessary evidence.
4. Closing Arguments
   Counsel must emphasize the evidentiary elements favorable to the defense and present arguments clearly before the jury.

Remedies against the Judgment of the Jury Court

Once judgment is delivered, legal remedies are available to challenge it:

1. Appeal (Art. 846 bis a LOTJ)
   Must be filed before the High Court of Justice (TSJ) within 10 days on grounds such as:
   • Violation of procedural guarantees.
   • Error in legal classification, sentencing, or civil liability.
   • Lack of incriminating evidence.
2. Appeal in Cassation
   Filed before the Supreme Court on grounds such as:
   • Error of law in the assessment of evidence (e.g., omission of a relevant document).
   • Cassation is not admissible if the request to dissolve the jury was denied, except in cases involving violations of fundamental rights.

Why You Need a Specialized Criminal Defense Attorney

Facing trial before the Jury Court requires deep knowledge of the proceedings and a solid legal strategy. A defense attorney specialized in criminal law and jury trials will:

• Prepare your defense from the investigative stage through the oral trial.
• Ensure proper submission and presentation of evidence.
• Safeguard the necessary objections to preserve future remedies.
• Optimize preliminary motions and the final report so that your position is clearly conveyed to the jury.

The Jury Court is a proceeding with special characteristics where a well-prepared defense can make the difference. From jury selection to subsequent remedies, every stage demands precision and experience.

If you require legal advice for a trial before the Jury Court, do not hesitate: seek a criminal defense attorney with experience in this type of proceedings. A professional team will ensure your rights are protected and work to achieve the best possible outcome.

We Can Help You

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Our team of criminal defense attorneys is prepared to advise you both in risk prevention and in defense against accusations of corruption. If you require legal assistance, contact us today. We are committed to the defense of your rights and the protection of your interests in any situation.