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The Accusation Filing in the Spanish Criminal Procedure

According to Article 781 LECRIM (Ley de Enjuiciamiento Criminal: Spanish Criminal Procedure Law):

1. The accusation filing will include, in addition to the request for the opening of the oral trial before the body deemed competent and the identification of the person or persons against whom the accusation is directed, the points referred to in article 650. The accusation will be extended to offenses attributable to the person accused of the crime or to other persons, when the commission of the offense or its evidence was related to the offense. The amount of compensation will also be expressed or the bases for its determination and the civilly responsible persons will be established, as well as the other pronouncements on delivery and destination of things and effects and imposition of procedural costs.

In the same filing, the evidence whose practice is of interest in the oral trial will be proposed, stating whether the claim for documents or the summons of experts and witnesses must be carried out through the judicial office.

The indictment filing may request the early 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, 764 and 765, 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.

2. The Public Prosecutor's Office, after informing their hierarchical superior, and the accusations brought may justifiably request the extension of the period established in the previous article. The Investigating Judge, given the circumstances, may agree to extend said term for a maximum of another ten days.

3. If the Public Prosecutor does not submit its document within the period established in the previous article, the Investigating Judge will require the hierarchical superior of the acting Prosecutor, so that within a period of ten days presents the appropriate document, giving the reasons for the failure to submit on time.

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