The absence of the accused, accused or complainant at the trial

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What happens when one of the parties does not appear at a criminal trial? Is it possible to continue with the resolution of the procedure if the accused does not appear? We can help you At Dexia Abogados we are lawyers specializing in criminal law in Madrid . If you need a criminal law firm with extensive experience, contact us and find out without obligation . CONTACT US The absence of the accused in the abbreviated procedure In the Spanish legal system the principle of hearing governs. Therefore, as a general rule, it is mandatory that the accused be present at the oral trial . Likewise, article 786.1 of the Criminal Procedure Law specifies that: 1. The holding of the oral trial requires the attendance of the accused and the defense attorney. However, if there are several accused and one of them fails to appear without legitimate reason, as determined by the Judge or Court, the latter may agree, after hearing the parties, to continue the trial for the rest.

Criminal Procedure Law In this sense, by virtue of the provisions of article 775.1, during the investigation phase the Lawyer of the Administration of Justice will require the investigated person to provide an address for the purposes of notifications or, failing that, to indicate a person who receive in your name. In the same procedure you will be warned that the summons made to the home or to the designated person will allow the trial DM Databases to be held in the absence of the accused . 1. At the first appearance, the Judge will inform the person under investigation, in the most understandable manner, of the facts of ire you to designate an address in Spain where the notifications will be made, or a person who receives them in your name, with the warning that the summons made to said address or to the designated person will allow the trial to be held in your absence in the cases provided for in article of the Criminal Procedure Law In this way, article .



Indicates that, after the personal summons, at the home or to the designated person, the oral trial may be held without the accused, since his unjustified absence is not a reason for its suspension . In any case, the decision must be made by the judge or court at the request of the prosecution or the Public Prosecutor's Office and after hearing the defense. Furthermore, the judge must consider that there are sufficient elements to prosecute. However, this provision may only be applied to the prosecution of crimes whose penalty does not exceed 2 years of deprivation of liberty or, if they are of a different nature, when their duration does not exceedThe unjustified absence of the accused who has been summoned personally, or at the home or person referred to in article 775, will not be cause for suspension of the oral trial if the Judge or Court, at the request of the Public Prosecutor's Office or the party The accuser, and after hearing the defense, considers that there are sufficient elements for prosecution, when the requested penalty does not exceed two years of deprivation of liberty or, if it is of a different nature, when its duration does not exceed six years.