Day after day, compliance in the process penal It has acquired greater importance within the legal system of the country. It is commonly a procedure of a criminal nature that culminated in the presentation of the sentence, whether acquittal or conviction.
Said sentence could be handed down after the oral trial or after the agreement defined between the prosecution. And the corresponding defense, from the practical perspective, compliance is a type of institution that admits to terminating the procedure.
Preferably prematurely without resorting to holding an oral trialYou will learn more about it in this article.
Debates related to compliance in criminal proceedings
There is an extensive doctrinal debate around the nature of said figure, with one of the most important being. Which rotates based on whether compliance can be equated to civil trespassing.
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Although there are similar aspects between both figures, compliance may not be mixed with civil trespass. Contrary to what happens in civil, in which the dispositive principle prevails in criminal proceedings.
This governs the principle of legality and the corresponding parties do not own the object of the respective process.
For its part, the Supreme Court through the judgment of June 17, 1991, Rec. 1051/1990. He indicated that conformity is definitely an institution that puts an end to the process based on reasons of procedural economy.
Evading the celebration of the act of oral trial plus the practice of evidence aimed at evidencing the accused fact. Conformity means a compliance with the intentions of the accusation although they are reaching their strict consequences.
Background on compliance in criminal proceedings
Conformity is not a new institution, it already appeared with a very different regulation, in the Royal Decree. The Provisional Regulation for the Administration of Justice of the year 1936, provided in its article 51 dealt with it.
In them it is appreciated that the parties were empowered to establish an agreement through which he gave up. To the celebration of the act of oral trial, declaring its conformity with some or all the manifestations of the summary.
However, it is not until the dissemination of the recent Criminal Procedure Law, which dates back to 1982. When an essential regulation of this institution is generated, notwithstanding the severity with which it was regulated.
It turned the compliance in a useless instrument and its application in the exercise of the same was unusual. Therefore, the main regulation, based on the principle of adhesion, has been changed on several occasions.
Being especially relevant the one introduced through the Organic Law 7/1988 dated December 28. That goes beyond including the simplified procedure to penal system of the country, supposes a revolution in the regime.
Specifically of conformity, which opened the doors of the principle of negotiation, transforming this institution into an effective element.
The different compliance procedures
In compliance classes, there is a common rule, one of which expresses the requested sentence. Which cannot be greater than six years of deprivation of liberty.
Without a limit of sentences of a different nature from prison, and the penalty is taken into account in particular. What is really required by the accusation and given the case of having diversity of accusations.
The most serious of them and not the maximum penalty stipulated in the Penal Code for the respective crime. In the event that a sentence is required, each one will be considered separately, without making a sum of them.
Regarding the ordinary procedure, article 655 LECrim, stipulates the possibility of adhering to the indictment. It can be through the defense brief, if the lawyer defender does not state the need to continue the trial.
When the defendant has been ratified, the corresponding court will declare the sentence. In the event that conformity has not been demonstrated in the brief belonging to the defense.
There will continue to be the option for the defendant to plead guilty, and reveal compliance at the beginning of the oral trial. Article 697.2 LECrim establishes in cases where there are several accused persons, the conformity will proceed if they demonstrate their approval.
Conformity borrowed and rewarded
In reference to compliance in the abbreviated procedure, it can be similar to the aforementioned case. In the defense brief, it must include the signature of the defendant as defined in article 784.
The aforementioned article of the LECrim also provides that this conformity may be borrowed with the new qualification letter. Simultaneously sign the parties involved together with the defendant and his lawyer, in an instance prior to the trial.
Likewise, there is the possibility of requiring the declaration of the sentence of conformity, in the act of the oral trial itself. It should be noted that the exclusive mention deserves the "awarded" conformity, for which the defendant receives the benefit of a reduction.
This will be one third in all sentences required both in prison and those of other origin. Said conformity It will only be feasible in the previous proceedings of the abbreviated procedure in certain cases.
As when the defendant, being assisted by his lawyer, acknowledges the facts before the corresponding judge. As long as they are linked to a sentence of less than 3 years of imprisonment.
The penalty of a fine of any kind that its amount or some penalty of different origin. Whose duration does not exceed 10 years, in this case the competent body will determine.
If it is an order of conversion and initiation of urgent proceedings, which will admit the protection to the rewarded compliance. Meanwhile, article 801 LECrim defines the requirements based on the possibility of providing compliance.
Which is before the concerned duty court, in quick trial acts and if these are fulfilled.