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Posts Tagged ‘criminal’

The Justices of the Peace
Operating in the area of the municipality in which they are located and there are those in which there are no Courts of First Instance and Instruction.

The Courts of First Instance and Instruction
They cover the territorial scope of a judicial district, that is, the territorial unit consists of one or more neighboring municipalities that belong to a single province. The venue of these courts is in the capital city of the party.
Have jurisdiction to hear the following cases:
* Proceedings of Habeas Corpus.
* The investigation of crimes committed in their judicial district and those whose prosecution is for the Provincial Courts and Criminal Courts.
* Knowledge and failure cases for minor offenses, except those representing the peace courts.
* Resources established by law against decisions by the Courts of Peace of the Party.

Criminal Courts, Juvenile and prison security
May include a game territorially judicial or several, and even several provinces. When Develop their skills in a single province, is located in the capital of the same.

The Criminal Courts prosecute crimes committed in their area punishable by less than 5 years imprisonment or fine.

Juvenile Courts prosecute crimes committed by minors.

The prison security courts exercise functions related to monitoring the implementation and enforcement of custodial penalties, security measures in prisons … etc.

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Generally, judges and courts to investigate and prosecute criminal proceedings are taken for the place where the crime was committed.

If it is not known, to determine the court or tribunal should be addressed to the place:
* In which have discovered evidence of the crime.
* In which made the arrest.
* The residence of the alleged accused.
* In the absence of the above is responsible any judge or court was aware of the crime.

But the jurisdiction of various courts and tribunals are not uniquely determined according to a criterion territorial but functional. Thus, there are certain crimes which by their gravity or nature are tried by special courts.

Below are all the courts with criminal jurisdiction and the powers or functions that each is assigned.
- The Justices of the Peace
- The Courts of First Instance and Instruction
- Criminal Courts, Juvenile and prison security
- The Provincial Courts
- The High Courts
- The Supreme Court, the Audiencia Nacional, the Central Criminal Courts and the Central Court of Instruction.
- The Court of Jury