Dismissal in Spanish Criminal Proceedings

Definition

Dismissal is a court decision indicating insufficient grounds to proceed with a trial, thus avoiding unnecessary proceedings. It can occur at the intermediate stage or during the opening phase, leading to either termination or suspension of the process.

Types of Dismissal

Free Dismissal (Art. 637 LECrim)

This court order is issued when there's no possibility of charges, resulting in premature and final termination with res judicata effect. Reasons include:

• No reasonable suspicion of the accused committing the crime.
• The act isn't a criminal offense (leading to a procedural change, not termination).
• Defendants are immune from liability (due to non-participation or exemption under Art. 20 CP).

Provisional Dismissal (Art. 641 LECrim)

Issued when insufficient evidence exists to accuse despite an investigation, suspending the process. Reasons include:

• Inadequate justification for the crime's occurrence.
• Insufficient grounds to accuse a specific person (unknown perpetrator or insufficient evidence).

Total or Partial Dismissal

This applies to cases with multiple defendants. A partial dismissal allows the trial to proceed against the remaining defendants.

Effects of Dismissal Requests

• Joint Request: If both the public prosecutor and private prosecutor request dismissal, the District Court must agree. If one requests dismissal and the other requests trial, the trial proceeds unless the court finds no criminal offense.
• Prosecutor's Request: If only the prosecution requests dismissal, the Provincial Court evaluates the request. If deemed inappropriate, the court consults the offended parties. If they don't maintain the charge, the District Court may consult the superior prosecutor. If the superior prosecutor maintains the dismissal, the District Court must agree. If either the prosecution or offended parties want a trial, it proceeds.

Effects of Dismissal Orders

• Free Dismissal: Terminates the process without damaging the accused's reputation. Both the accused and the court can accuse the plaintiff of libel, false reporting, or simulation. This order has res judicata effect.
• Provisional Dismissal: Suspends the process and provisionally files the proceedings.
• Total Dismissal: Files the process, returns exhibits, and overturns precautionary measures.
• Partial Dismissal: Opens the trial against the remaining defendants.

Appeals

Appeals for violation of law are allowed against free dismissal orders based on Art. 637.2 (facts don't constitute a crime) if someone is found guilty of the same act. Other free dismissal cases are not appealable. Provisional dismissals are not appealable as they aren't definitive.