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Type a law, a topic, a person or a province.

What it is

New criminal courts created and criminal trials simplified

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 21 October 1988. Introduced by: GOBIERNO.

Official title: ORGANIC GOVERNMENT BILL ON CRIMINAL COURTS AND AMENDING VARIOUS PROVISIONS OF THE ORGANIC LAWS ON THE JUDICIAL POWER AND CRIMINAL PROCEDURE.

Follow this law

Source: Congreso de los Diputados, file 121/000100· updated 11 Nov

Automatic summary, not yet reviewed

  1. A new type of court is created: the Juzgados de lo Penal (criminal courts). There will be one or more in each province, based in the provincial capital, and in Madrid the Juzgados Centrales de lo Penal, with jurisdiction across Spain.
  2. These courts try crimes punishable by prison terms of up to six years, fines, or other penalties such as losing a driver's license. The investigation of those cases stays with the investigating courts (Juzgados de Instrucción The pre-trial phase of a criminal case, where the crime is investigated and evidence gathered before the trial.).
  3. The three existing procedures for less serious crimes are merged into one abbreviated procedure. Repeating steps already taken with a lawyer is avoided, and deadlines, appeals and trial steps are simplified.
  4. A defendant who was properly served can be tried in absentia if the requested sentence stays within certain limits. The absent defendant's defense is guaranteed through their lawyer and their right to later challenge the verdict.
  5. Judicial impartiality is strengthened: the judge who investigates a criminal case cannot later judge it. Rules on judges substituting for each other are also updated, and the transitional forced retirement system for judges and prosecutors is suspended.
  6. organic law A law on fundamental rights, the electoral system or other matters the Constitution reserves. It needs an absolute majority in the Congreso: 176 votes. 10/1980 and Articles 799 to 803 of the Criminal Procedure Act are repealed. The law takes effect on March 1, 1989, except for its first three articles and the first additional provision, which take effect on January 1, 1989.

Who it affects

  • Juzgados de lo Penal and Juzgados de Instrucción: They try less serious crimes under the new setup; investigations remain with the investigating courts.
  • Defendants in less serious criminal cases: They face a faster procedure and can be convicted in absentia if they fail to appear despite proper service.
  • Victims and people harmed by the crime: The process speeds up to avoid delays that harm them, and they are informed of their rights.
  • Ministry of Justice prosecutors (Ministerio Fiscal): They must push the case forward and simplify it, protect the defendant's rights and safeguard the victim.
  • Provincial courts (Audiencias Provinciales): They hear appeals against sentences from the new criminal courts and challenges to investigating court decisions.

Words worth knowing

Instrucción
The pre-trial phase of a criminal case, where the crime is investigated and evidence gathered before the trial.
Órganos unipersonales
Courts where a single judge decides, not a panel of several judges.
Recurso de casación
An exceptional appeal to the Supreme Court based on legal errors, not a retrial.
Hábeas corpus
A fast procedure for a judge to check whether a person's detention is lawful.
Sentencia de conformidad
A verdict issued when the defendant accepts the facts and the sentence in the charging document, without a full trial.
organic law
A law on fundamental rights, the electoral system or other matters the Constitution reserves. It needs an absolute majority in the Congreso: 176 votes.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced21 October 1988Someone registers the text in the Congreso.
  2. Admitted25 October 1988The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsno dateGroups propose changes.
  4. Committeeno dateA committee goes through the text in detail.
  5. Plenaryno dateAll 350 deputies vote.
  6. Senateno dateThe Senate can pass it, amend it or veto it.
  7. BOEno dateIt is published in the Official State Gazette (BOE) and comes into force.
See the 2 official steps on a timeline
Oct 198811. 21 October 1988: Presentación22. 25 October 1988: Calificación

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

Published in the BOE: Organic Law 7/1988, of December 28, on Criminal Courts and amending various provisions of the Organic Laws of the Judiciary and Criminal Procedure.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

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