Criminal Law: Presumption of Innocence & Trial Procedures

Burden of Proof and Presumption of Innocence

In criminal proceedings, the accused is not obliged to prove their innocence. Instead, the accuser must obtain sufficient evidence to secure a conviction, a principle reflected in Article 24 of the Spanish Constitution (EC). This principle of the presumption of innocence prevents anyone from being convicted without proof of guilt. Consequently, the burden of proof lies with the prosecution, which is required to prove the facts leading to the conviction. An acquittal is granted in cases where the presumption of innocence is not overcome.

The right to the presumption of innocence can be nullified by sufficient evidentiary activity. The presumption is considered overcome when there is adequate evidence that the alleged facts were committed by the accused.

Types of Evidence

To overcome the presumption of innocence, a series of evidentiary requirements must be met, using either direct or indirect evidence. Even a single piece of direct evidence can be sufficient to weaken this presumption.

Indirect evidence, also known as circumstantial evidence, consists of proven facts that do not directly constitute the offense but are logically connected to it. For circumstantial evidence to be valid, the indicators must be proven, not isolated, and there must be a clear relationship between the evidence and the crime.

The only valid evidence to rebut the presumption of innocence is that which is presented and admitted during the trial.

Criminal Trial Procedures

Expedited Procedure

This procedure applies to the prosecution of crimes punishable by imprisonment of not more than nine years.

In this process, the formal indictment is eliminated. Letters of ratification are presented to the investigating magistrate, who then declares the opening of the oral proceedings. The letters of accusation and defense are also presented before the same magistrate. This procedure consists of three main phases: preliminary proceedings, an intermediate phase, and the trial.

Prior to these formal phases, a preliminary investigation may occur. While it may not have a formal legal basis, its aims include:

1. The identification and affiliation of persons present at the scene.
2. The collection and safeguarding of evidence and effects related to the crime.
3. Informing the non-arrested accused of the facts attributed to them and their rights.

Finally, the findings are submitted to the court on duty, and copies are provided to the prosecutor.

Speedy Trials

Speedy trials apply to offenses punishable by imprisonment not exceeding five years, provided certain circumstances are met, such as the crime being flagrant. These crimes include:

• Crimes of injury, coercion, or threats committed against persons as defined in Article 173.2 of the Criminal Code (CP).
• Crimes of theft or robbery.
• Crimes of burglary and theft of a motor vehicle for use.
• Crimes against traffic safety.
• Crimes against public health.