How does a popular jury trial work?


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In recent times the popular jury has once again been decisive in the law of Spain, however, within this area there are many questions such as: What are its functions? What does it take to be jury? Do you have any monetary remuneration? In what crimes can participate a jury? What laws protect these figures? How is it composed? These are just a few questions. 

With this article we will be giving you an effective and fast answer to all the doubts you have on this subject.

How does a popular jury trial work?
How does a trial work with popular jury?

What is a popular jury?

To begin we have to define it as a judicial mechanism, which is in charge of giving a verdict in different legal situations. This mechanism in Spain has been around since 1995, which makes it relatively new. 

It is important to emphasize that this is the preferred judicial system in the United States, which has been found since its creation. For each trial, the popular jury It will be different and will be made up of people who meet the requirements, however, you do not need a law degree to be a jury. 

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How is a composed popular jury?

He popular jury In Spain it is created by 9 members, who go hand in hand with the magistrate in charge of the case. To be able to choose to be played popular, you must have the following requirements:

  1. You must be fully healthy, both physically and mentally. 
  2. They must be people close to the place where the crime was committed. 
  3. The age of majority is mandatory.
  4. Being exercising civil rights.
  5. People with public office cannot be sworn in. 
  6. Have no prior convictions. 
  7. People with addiction problems who have not had some type of rehabilitation. 
  8. People in prison. 
  9. People suspended from their jobs. 
  10. Literacy.
  11. Being a Spanish citizen.
  12. A prosecuted citizen cannot be a jury. 

As we can see, most people are capable of being a juror, however, this leads us to ask ourselves, is it mandatory to be a juror? jury? Let's see, the first thing we have to understand is that the choice of it is totally random. 

Now, if you are called to be jury, you are obliged to go to it, if you do not, you can have mulattas of €150 or more if the behavior is repetitive. However, there is a remuneration to be popular jury, which goes as follows. 

Daily payment €67, which would be partially covering the payment for absence from work. 

If you travel in a private vehicle, you will be given an additional payment, which, if it is a car, is €0.19 per kilometer. When your vehicle is a motorcycle, you will be paid €0.078 per kilometer. 

If you need some type of accommodation, you will pay 65.97 for breakfast and 18.70 for lunch and dinner for each of these meals. 

What are the crimes in which a person can participate? popular jury?

Within the framework of the law, there are some crimes in which the popular jury, among them we can mention:

  1. Influence peddling (articles 428 to 430).
  2. Embezzlement of public funds (articles 432 to 434).
  3. Crimes of omission of the duty to help (articles 195 and 196).
  4. Crimes of negotiations prohibited to officials (articles 439 and 440).
  5. Crimes of infidelity in the custody of prisoners (article 471).
  6. Crimes of infidelity in the custody of documents (articles 413 to 415).
  7. Crimes of homicide (articles 138 to 140).
  8. Crimes of fraud and illegal exactions (articles 436 to 438).
  9. Bribery offenses (articles 419 to 426).
  10. crimes of threats (article 169.1º).
  11. Crimes of trespassing (articles 202 and 204).

In each of these crimes, the jury can return a verdict, which must be accompanied by:

  1. Expose the specific crime for which the defendant is accused. 
  2. Determine the guilt of the defendant, being important to determine the degree of participation thereof. 
  3. The aggravating circumstances that the case may have
  4. The penalty that is determined to it. 

What are the functions of the popular jury?

Now yes, already knowing everything about jury, we can immerse ourselves with more knowledge in the functions they perform, which are:

deliver verdict

This is the main function of the same, in which the accusation that is being generated in the case can be approved or not. This decision goes hand in hand with the Magistrate or president of the case. 

Also, within the verdict, they can add other aggravating factors to the case, this to achieve a fairer sentence for everyone. 

Act based on the principles of article 117 of the Constitution for members of the judiciary

Within this article there are some principles of action for jurors, therefore, any person who is part of a popular jury, should go hand in hand with these. 

Issue alerts in case of being threatened or disturbed

Being a popular jury, it tends to be a fairly open trial, so everyone can know who the jurors are, therefore, they can be victims of threats. If this is the case, the jury can free itself from responsibility, being endorsed by article 14 of the Organic Law of the Judiciary. 

Through this, he can reach the corresponding entities to generate the claim and expose his concern as a jury in said case. 

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