What does the summary proceeding involve?

In cases of sexual assault in Spain where the potential sentence exceeds nine years of imprisonment, the judicial process is conducted through a summary proceeding.

PROTECTION ORDER

After filing a complaint, an immediate protection order can be requested. This includes urgent precautionary measures to safeguard the victim. This order may include prohibiting the aggressor from approaching or contacting the victim and, in some cases, measures related to child custody or the use of the family home.

INVESTIGATION STAGE

An investigation phase begins in which all necessary evidence is gathered: witness statements, medical reports, forensic evidence, and more. This stage is crucial in determining whether the case will proceed to trial.

CONCLUSION AND OPENING OF ORAL TRIAL

• • Order Concluding the Investigation: Once the investigating judge considers that sufficient evidence has been gathered, a formal order concluding the investigation is issued.
• • Statement of Charges: The prosecutor, the private prosecution (if any), and the defence submit their respective indictments and defense briefs, setting out their claims.
• • Order Opening the Oral Trial: If the judge finds sufficient grounds, an order is issued to proceed to trial.

ORAL TRIAL

• • Competent Court: The summary proceeding is held before the Provincial Court, composed of three judges.
• • Conduct of the Trial: All admitted evidence is presented, including testimony from the accused, the victim, witnesses, expert reports, and any other documentary or material evidence.
• • Closing Arguments: After the evidence has been examined, the parties present their final arguments, adjusting their initial claims if necessary based on the evidence presented.

JUDGMENT

After assessing the evidence and arguments, the court issues a judgment that may include criminal penalties (such as imprisonment, restraining orders, or communication bans) and civil measures (such as child custody, use of the family home, or financial support).

APPEALS

• • Appeal: The judgment of the Provincial Court may be appealed before the High Court of Justice of the corresponding Autonomous Community.
• • Cassation: In certain cases, a cassation appeal may be filed before the Supreme Court if it is believed that the judgment infringes the law or established case law.