How the jury court works in Spain

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1. The Jury Court tries certain serious crimes, such as those against life, honor, freedom, the environment, or crimes committed by public officials. The trial takes place at the Provincial Court (Audiencia ProvincialAudiencia Provincial The Provincial Court, the court that tries the most serious crimes in each province.), except when the National Court (Audiencia Nacional) has jurisdiction.
2. The court is made up of nine jurors and two alternates, plus a presiding judge. The jurors decide whether the facts are proven and whether the defendant is guilty; the judge issues the sentence and sets the penalty.
3. Serving as a juror is both a right and a duty of citizens. Jurors receive pay, and serving counts as fulfilling a public duty for labor and civil service purposes. Spanish citizens of legal age who can read and write and live in the province where the crime occurred can serve.
4. Some people cannot serve as jurors: those convicted of an intentional crime without rehabilitation, public officials, judges, police officers, practicing lawyers, among others. Nor can anyone with an interest in or relationship to the case. People over 65 and others in certain situations may be excused.
5. Juror candidates are chosen by lottery every two years from the electoral roll of each province. For each trial, 36 jurors are drawn from that list at least 30 days before the hearing.
6. Appearing as a juror is mandatory: those who fail to show up without justification can be fined, as can those who refuse to take the oath or abstain from voting. Voting is by name, and no one may abstain.
7. At least seven votes are needed to find a fact against the defendant proven, or to find guilt; five votes for findings favorable to the defendant. If the jury cannot reach a valid verdict after several returns, it is dissolved and a new trial is held; if the second jury also fails, the defendant is acquitted.
8. The Law amends the Criminal Procedure Act: it creates an appeal before the Higher Courts of Justice (Tribunales Superiores de Justicia) against jury court sentences and regulates a hearing on pretrial detention or release within 72 hours.

Who it affects

• Citizens included on juror lists: They can be called to serve as jurors for two years, with a duty to appear unless excused.
• Defendants charged with crimes such as homicide, bribery, or home intrusion: They will be tried by a court of nine jurors and a judge at the Provincial Court.
• Victims and accusers: They take part in the process, able to challenge jurors and request that the trial go forward.
• Judges, prosecutors, and lawyers: They must adapt to a special procedure with a preliminary hearing and new appeal rules.

Words worth knowing

Audiencia Provincial

The Provincial Court, the court that tries the most serious crimes in each province.

Veredicto

Verdict: the jurors' decision on whether the facts are proven and whether the defendant is guilty.

Recusación

Challenge: rejecting a proposed juror when there is doubt about their impartiality.

Prisión provisional

Pretrial detention: keeping a person in jail while the case is being investigated, before trial.

Aforado

A person who, because of their office, can only be tried by a higher court, such as the Supreme Court.

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