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The National High Court is one of the most important jurisdictional bodies on the Spanish judicial scene, especially in the criminal field. Based in Madrid, but with jurisdiction throughout the national territory, this court is entrusted with the investigation and prosecution of crimes of special gravity, complexity and social or international repercussions.
The National High Court was created in 1977 and is governed by the provisions of the Organic Law of the Judiciary, specifically in its articles 62 to 69. In the criminal field, this body hears cases whose dimension transcends the local or regional level, and which by their nature require a highly specialized judicial structure.
It has several chambers, but in criminal matters two main bodies stand out:
The criminal jurisdiction of the National High Court is regulated in Article 65 of the LOPJ. These are, in general, crimes:
Among the most relevant crimes are the following:
-Money laundering and complex economic crimes: When they have special economic significance or affect a plurality of victims or institutions. It also includes tax fraud, large-scale scams or complex accounting crimes
-Terrorism: Includes both the execution of terrorist acts and their financing, indoctrination, recruitment or glorification. Jurisprudence has extended this competence even to activity on social networks linked to radical groups.
-Large-scale drug trafficking: Especially when it comes to criminal organizations with international activity or operating in several Spanish provinces.Counterfeiting of currency and means of payment: In particular, if they are part of an organized criminal activity with an economic impact at a national or international level.
- Transnational crime: Includes crimes committed outside Spain that, in accordance with international law or signed treaties, must be tried in our country. Examples: genocide, war crimes, piracy, human trafficking or arms trafficking.
-Extraditions and European arrest warrants: The Criminal Chamber is the only competent court in Spain to rule on active or passive extradition requests, as well as on European Arrest Warrants and Surrender Warrants.
-Crimes against the Crown or high State bodies: Such as serious insults to the King, the Government or constitutional bodies.
Intervening in a proceeding before the National Court is not comparable to doing so before an ordinary criminal court. The processes are more technical, the investigation more complex and the deadlines generally longer. This means that the defense must be at the height of a high-level criminal procedure.
- Technical complexity of the procedure: The cases processed before the National Court usually involve dozens of volumes (with hundreds or thousands of pages), international expert evidence, complex bank reports, wiretaps and undercover investigative measures. An attorney without specific experience may not be prepared to properly manage the analysis and challenge of these pieces of evidence.
- Specialisation of judges and prosecutors: The magistrates and prosecutors assigned to the National Court are professionals with a very high level of training and specialisation. Facing an investigation led by them without a solid procedural strategy can lead to an unfavorable outcome from the early stages of the procedure.
- Need for specific knowledge in international criminal law and legal cooperation: Many of these cases involve cooperation with foreign authorities, European arrest warrants or proceedings arising from crimes committed outside Spain. An attorney with experience in this jurisdiction will know how to coordinate defense across different countries and legal systems.
- Management of severe precautionary measures: In the National High Court, it is common to adopt measures such as pre-trial detention, the withdrawal of passports or the incommunicado detention of detainees, especially in cases of terrorism. Challenging and controlling these measures requires specific technical knowledge and practical experience in court.
The National High Court is the criminal court with the greatest specialisation and technical competence in Spain. Its intervention is reserved for the most serious and complex crimes, with implications that, on many occasions, exceed national borders.
Therefore, if you are being investigated or prosecuted for any of the crimes within the jurisdiction of this body, having a criminal lawyer specialized in the National Court is not optional, it is essential.
An effective defense can make the difference between a harsh conviction and acquittal. In an environment where the highest level of legal preparation is required, the experience and specialization of the lawyer are the best guarantee of a defense with full guarantees.
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