Article 14 Spanish Criminal Procedure Act: Jurisdiction of the criminal courts

Outside the cases which the Constitution and the laws expressly and restrictively attribute to particular judges and courts, jurisdiction shall lie:

1. For the hearing and determination of trials for minor offences, with the Investigation Section of the Courts of Instance, save where jurisdiction lies with the sections having jurisdiction over violence against women or violence against children and adolescents in accordance with numbers 5 and 6 of this article.

2. For the investigation of cases, with the Investigation Section of the Court of Instance of the district in which the offence was committed, or with the Sections of the Court of Instance having jurisdiction over violence against women or violence against children and adolescents, or with the Central Investigating Judge in respect of the offences which the law determines.

3. For the hearing and determination of cases for offences for which the law lays down a custodial penalty of a duration not exceeding five years or a fine whatever its amount, or any other penalties of a different nature, whether single, joint or alternative, provided that their duration does not exceed ten years, as well as for minor offences, whether or not incidental, attributable to the perpetrators of those offences or to other persons, where the commission of the minor offence or its proof is connected with them, with the Criminal Section of the Court of Instance of the circumscription in which the offence was committed, or with the sections having jurisdiction to try matters of violence against women or violence against children and adolescents, as the case may be, or with the Central Criminal Judge within its own sphere, without prejudice to the jurisdiction of the Investigation Section of the Court of Instance having duty jurisdiction for the place of commission of the offence to hand down a judgment by agreement, or of the sections having jurisdiction over the investigation of matters of violence against women or violence against children and adolescents, as the case may be, on the terms laid down in Article 801, as well as of the Investigation Sections of the Courts of Instance having jurisdiction to hand down judgment.

Nevertheless, in the offences covered by Title VIII of Book II of the Criminal Code, solely for the purposes of determining jurisdiction to try the case, only the penalties of imprisonment or of a fine shall be taken into account, the hearing and determination of the offences for which the law lays down a custodial penalty of a duration not exceeding five years or a fine whatever its amount lying with the Criminal Section of the Court of Instance of the circumscription in which the offence was committed, or with the Sections of the Courts of Instance having jurisdiction over violence against women or violence against children and adolescents corresponding to the circumscription of the Investigation Sections of the Courts of Instance having jurisdiction over those offences, as the case may be.

4. For the hearing and determination of cases in the remaining instances, with the Provincial Court of the circumscription in which the offence was committed, or with the Provincial Court corresponding to the circumscription of the Court for Violence against Women as the case may be, or with the Criminal Chamber of the National Court.

Nevertheless, in the cases falling within the jurisdiction of the Provincial Court, if the offence is one of those attributed to the Jury Court, the hearing and determination shall lie with the latter.

5. The Sections of the Courts of Instance having jurisdiction over violence against women shall hear:

a) The investigation of the proceedings to establish criminal liability for the offences set out in the Titles of the Criminal Code relating to homicide, abortion, injury, injury to the foetus, offences against liberty, offences against moral integrity, against sexual freedom and integrity, against privacy and the right to a personal image, against honour or any other offence committed with violence or intimidation, provided that they have been committed against a person who is or has been the spouse of the perpetrator, or a woman who is or has been bound to the perpetrator by an analogous relationship of affection, even without cohabitation, as well as those committed against the descendants, whether of the perpetrator or of the spouse or cohabitant, or against the minors or persons with a disability who cohabit with the perpetrator or who are subject to the authority, guardianship, curatorship, fostering or de facto custody of the spouse or cohabitant, where an act of gender violence has also occurred.

b) The investigation of the proceedings to establish criminal liability for any offence against family relations, where the victim is one of the persons indicated in the preceding subparagraph.

c) The adoption of the corresponding protection orders for the victims, without prejudice to the powers attributed to the duty judge.

d) The hearing and determination of the minor offences attributed to them by law, where the victim is one of the persons indicated as such in subparagraph (a).

e) The handing down of a judgment by agreement with the accusation in the cases laid down by law.

f) The issuing and the execution of the instruments of mutual recognition of criminal decisions in the European Union which are attributed to them by law.

g) The investigation of the proceedings to establish criminal liability for the offence of breach provided for and punished by Article 468 of the Criminal Code where the person offended by the offence whose sentence, precautionary measure or security measure has been breached is or has been the spouse of the perpetrator, or a woman who is or has been bound to the perpetrator by an analogous relationship of affection even without cohabitation, as well as the descendants, whether of the perpetrator or of the spouse or cohabitant, or the minors or persons with a disability with measures of support who cohabit with the perpetrator or who are subject to the authority, guardianship, curatorship, fostering or de facto custody of the spouse or cohabitant, as well as where the person offended is so by one of the offences indicated in subparagraph (h) of this paragraph.

h) The investigation of the proceedings to establish criminal liability for the offences against sexual freedom provided for in Title VIII of Book II of the Criminal Code, for the offences of female genital mutilation, forced marriage, harassment with a sexual connotation and trafficking for the purposes of sexual exploitation, where the person offended by the offence is a woman.

6. The Sections for Violence against Children and Adolescents shall hear, in criminal matters, in all cases in accordance with the procedures and remedies provided for in the Criminal Procedure Act, the investigation of the proceedings to establish criminal liability for the offences set out in the Titles of the Criminal Code relating to:

a) Homicide, abortion, injury and injury to the foetus, committed against children and adolescents.

b) Offences against liberty, the offence of torture and offences against moral integrity, offences against privacy, the right to a personal image and the inviolability of the dwelling, offences against liberty, offences against honour, offences against family relations, or any other offence committed with violence or intimidation, where the victim is a child or adolescent.

c) The offence of trafficking in human beings under Article 177 bis of the Criminal Code where at least one of the victims is a child or adolescent.

d) The investigation of the proceedings to establish criminal liability for the offence of breach provided for and punished by Article 468 of the Criminal Code where the person offended by the offence whose sentence, precautionary measure or security measure has been breached is a child or adolescent.

The Sections for Violence against Children and Adolescents shall likewise have jurisdiction for:

a) The adoption of the precautionary measures provided for by law which secure the protection of victims who are minors, without prejudice to the powers attributed to the duty judge.

b) The hearing and determination of the minor offences attributed to them by law where the victim is a child or adolescent.

c) The handing down of a judgment by agreement with the accusation in the cases laid down by law.

d) The issuing and the execution of the instruments of mutual recognition of criminal decisions in the European Union which are attributed to them by law.

7. Where the acts which are the object of an investigation by the Section for Violence against Children and Adolescents might also be heard by the Section for Violence against Women, jurisdiction shall in all cases lie with the latter.

Working translation prepared by Société Juridique from the consolidated Spanish text published by the Official State Gazette. It has no official status: the only authoritative version is the Spanish original, available at the Official State Gazette and reproduced verbatim in our Spanish-language entry for this provision. Source: Royal Decree of 14 September 1882 approving the Spanish Criminal Procedure Act.