Article 650 Spanish Criminal Procedure Act: Content of the written indictment

Article 650 confines the written indictment to precise and numbered conclusions as to the punishable acts, their legal classification, the participation of each accused person, the circumstances modifying liability and the penalties incurred, together with the civil claim where it is pursued.

Wording of Article 650 of the Spanish Criminal Procedure Act

Requirements and procedure

1. A statement of the punishable acts in precise and numbered conclusions, which fixes the factual object of the trial.
2. The legal classification of those acts and the determination of the offence which they constitute.
3. The individualised participation of each accused person, distinguishing perpetration from the other forms of participation.
4. The circumstances modifying liability and the penalties sought, together with the civil claim where it is pursued.

Defence strategy

Insufficiency of the factual account. The account of the acts must be sufficient to permit the defence. An indictment drafted in generic terms, without specification of dates, amounts or individual conduct, is capable of challenge and may be objected to as a defect at the outset of the trial hearing.

The principle of accusation as a limit. The judgment may not go beyond the acts and the classification of the indictment. Identifying precisely what has been charged is therefore the basis for objecting to any later modification of the conclusions which introduces new acts or a more serious classification.

Individualisation of the participation. Number 3 requires the participation of each accused person to be determined. A collective attribution, which does not distinguish the conduct of each, prevents the defence and is a habitual ground of acquittal in cases with several accused persons.

Circumstances favourable to the accused. Number 4 obliges the prosecution to state the circumstances excluding or mitigating liability which result from the investigation. Their omission, where the file supports them, is a defect which may be raised and which supports the request for their application.

• Article 655 LECrim: plea of guilty in the ordinary procedure
• Article 666 LECrim: preliminary objections
• Rights of the investigated person
• Criminal appeals in Spain

This entry is provided for information only and does not constitute legal advice. The application of any provision depends on the circumstances of the individual case and requires examination of the case file by a qualified lawyer.