Article 786 Spanish Criminal Procedure Act: Listing of the trial hearing in the abbreviated procedure

Article 786 governs the fixing of the date of the trial hearing in the abbreviated procedure where there is no plea of guilty, the criteria which the listing must take into account, and the duty to inform the victim of the date, time and place of the trial and of the content of the accusation.

Wording of Article 786 of the Spanish Criminal Procedure Act

Requirements and procedure

1. The absence of a plea of guilty and a prior oral ruling, or the order provided for in Article 785.3.
2. The fixing of the day and hour in accordance with Article 182 of the Code of Civil Procedure, either in the same act or by the court clerk.
3. A statement by the parties of any coincidence with other listings or other impediments to the holding of the trial on the date fixed.
4. Where the victim has so requested, written information as to the date, time and place of the trial and as to the content of the accusation.

Defence strategy

Statement of impediments at the time. Paragraph 1 obliges the parties to state any coincidence of listings at the moment at which the date is fixed. Failure to raise the impediment at that point weakens any later application for suspension, so the objection must be recorded in the same act.

Priority of cases with a detained accused person. The criteria of paragraph 2 place the detention of the accused person first. Where a person is in pre trial detention, invoking those criteria is the ordinary route for obtaining an earlier listing and, failing that, for supporting an application for release on the ground of the time elapsed.

Time for the preparation of the defence. A listing made without regard to the complexity of the evidence proposed may result in a material inability to prepare the defence. Documenting the volume of the file and the expert evidence required is what sustains an application for a later date.

Information addressed to the victim. Paragraph 3 confers a right upon the victim upon request. Verifying that the information was given, or that it was not requested, avoids later challenges to the hearing based upon an alleged omission.

• Article 787 LECrim: attendance at trial and trial in absentia
• Article 746 LECrim: suspension of the trial hearing
• Private prosecution and rights of victims
• Bail and pre trial detention 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.