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Accusation Filing

Once the preliminary proceedings have been concluded, the public prosecutor and the private accusations will submit an accusation filing with the following contents:

1. The request to open the oral trial before the judicial body deemed competent.

2. The identification of the person or persons against whom the accusation is directed.

3. The extremes referred to in article 650 of the Criminal Procedural Law (the so called LECrim in Spain), that is:

  • The punishable facts that result from the summary.

  • The legal qualification of the same facts, determining the crime that it constitutes.

  • The participation that the defendant or defendants would have had in them, if there were several.

  • The facts that result from the summary and that constitute mitigating or aggravating circumstances of the crime or exempting of the criminal responsibility.

  • The penalties incurred by the defendant or defendants, if there are several, by reason of their respective participation in the crime.

4.The private accuser in its case, and the Public Prosecutor when he supports the civil action, will also express:

  • The amount in which they appreciate the damages and losses caused by the crime, or what has to be restored.

  • The person or persons who appear responsible for the damages or the restitution of the "thing" (what has to be restored), and the fact by virtue of which they have contracted this responsibility.

5. The amount of compensation or the setting of the bases for its determination.

6. Civilly liable persons.

7. The pronouncements on delivery and destination of things and effects.

8. The imposition of procedural costs.

9. The evidence which practice is interested in the oral trial will be proposed, stating whether the claim of documents or the subpoenas of experts and witnesses must be made through the judicial office.

The accusation filing may request the anticipated practice of those proofs that cannot be carried out during the oral trial sessions, as well as the adoption, modification or suspension of the measures referred to in articles 763 (agree to the arrest or any custodial or rights-restrictive measures), 764 (adopt precautionary measures to ensure financial responsibilities, including costs) and 765 (measures related to facts derived from the use and circulation of motor vehicles), or any others that are appropriate or have been adopted, as well as the cancellation of those taken against people against whom no accusation is directed.

If the prosecutor understands that there has been no crime, she/he will proceed to dismiss the case. Exceptionally, the Public Prosecutor's Office may declare the impossibility of submitting a filing of accusation due to lack of essential elements, and therefore the impossibility of classifying the facts, for which it will request the practice of additional proceedings.

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