Procedural acts are legal acts that have a direct and immediate effect on the establishment, development, modification or termination of proceedings or the reality of relations involved in the process.
Unlike the legal acts are in forms and requirements are absolute requirement for its validity and effectiveness. These requirements include:
° ° The form of process are generally those established by law
· · Form strict: in this case we differentiate between the processes written or oral. Orality is best for the penal procedural laws in the past is trying to implement the oral for all orders.
· Language: co-official languages in those places where there is an indigenous language. Article 231.2 of the Judicial Power states that also can use the official language of the autonomous region if it does not helpless to the parties, to ignore all or some of the official language of the Autonomous Community. In the acts of a party, is always allowed to use the official language of the CA, both oral and written acts.
Written procedural No part may be expressed in a foreign language, because the judge has no obligation to meet the foreign language because it is a proceeding before a Spanish authority, and because these events usually come from the prosecutor and are signed by counsel and should therefore be expressed in the official language. In oral acts on behalf or others, can speak their own language with a translator.
· · Publicity of proceedings: procedural acts are, in principle, public, although exceptions admits LOPJ [view except in cases of separation and juvenile criminal cases in which protection to the victim by the court understands that have to do behind closed doors, for other objective reasons]. Parts are public, so they can at any time exercise the rights includes the right to effective remedy and the right of defense are public for the entire society to ensure that judicial action can be controlled by members of sovereignty popular.
Are always secret deliberations that courts and the outcome of the vote, provided the dissidents do not issue dissenting or individual opinions.
· · Inefficiency and correction of procedural acts. Nullity formal procedural acts.
· · The LOPJ regulates only the formal invalidity of the procedural acts, for the reasons set out in formal art. 238 of the same.
• The LOPJ includes the principle of conservation of procedural acts, which acts as security and legal certainty while preserving the validity of procedural acts when the invalidity of the same causes or might cause more harm than good.
· 238 LOPJ: procedural acts are null and void:
· · When they occur on or before a tribunal with an obvious lack of jurisdiction or authority or functional objective.
• When carried out under duress or intimidation
• When dispensing of essential rules of procedure established for that reason if you have a lack of defense.
• When carried out without the intervention of attorney, etc.
· · The invalidity of legal acts shall be asserted through normal channels of appeal and be known remedies under the Act against the decision concerned.
° ° The activity of process may be the place, time and how strictly.
· · Location: judicial acts to be carried out at the headquarters of the court, yet there are exceptions.
· • Time working: judicial year, ie regular session in which the courts exercise their jurisdiction (September 1 to July 31), so August is not only the holiday period but unfit for the period ordinary procedural activity. They are non-working Saturdays and Sundays, 24 and 31 December, national holidays, holidays in the autonomous regions and localities.
Hours: 8 am to 8 pm. Also for reporting and enforcement actions in civil proceedings
· · Management of the implementation of procedural measures. The procedure, as all the acts that follow and that are prefixed to each other, is necessarily ordered by time. In cases in which the logical order is not intended as temporary coordination of procedural acts, the Act establishes an ad hoc priority over each other to avoid overlap and that the process to go on forever.
· ° Deadline. Computation and extensions.
· · Deadline is the time period given for judicial activity.
· Landmarks or terms: specific day and time.
The deadlines are extended, they will not be counted on legal holidays and those reported by month for calendar months will not excluding legal holidays.
The period begins from the day after it is established through the area, citation or notice and end at 24 pm on the last day.
The temporal ordering of events affecting both the judge and the parties, what happens is that the application of time limits and terms to make their judicial acts may be regarded as improper, because if the If the breach of term or end result in the impossibility of performing the act, in the case of deadlines or judicial terms, the failure does not prevent the court can and should perform the act set even in a term or improper term.
Classification of process: Now we can sort of process as to who come from:
· If the parties are from: acts of the parties are those from the defendant or the plaintiff and that shape the process and produce a procedural step. The acts of the parties can be classified into two:
· ° Measures of application: are aimed at getting a response from the judge. Among them we can distinguish between:
· · Request: it requires the judge for a resolution of form or substance.
· Allegation: carried out according to a request by which the claims presented to the judge of fact and law with the purpose of Logar resolution postulated.
· Production of tests: aimed at convincing the judge of the truth of an allegation of fact.
· Completion or deductions: performance assessments that have been occurring in the same process.
· ° Measures of causation: effects directly in the process and directly create a procedural status. They are acts of causation, for example, the extension of the immunity pact.
· If coming from the court:
° ° material and formal planning process
· Resolutions: mandatory declarations of the will of the judiciary which is rigged a legal effect which is imposed by law, interlocutory orders, that the process-or content-background, who meet on claims relating to the background object process.
· · Rulings 208LEC: resolutions through which it carries out the management of the process. Unlike the formal planning procedure. 248 LOPJ
· Autos: choose resources that can bring on orders ... 245LOPJ + 241pg. The formal requirement is motivation. (Fault = part). Separate paragraphs and numbered (findings of fact and law).
° Judgement: resolve definitively the dispute in any instance or appeal. OOS colleges: speaker, which makes the work and detailed investigation of the case and the motion court. Resolutions secret.
Published in a register and work easily given the sentence
· · Agreements.
· · Resolutions government room
· If coming from the clerk:
· · Function documentation:
· · Minutes: it records actions in sentences involving the secretary. Assistants, and agreements made over the signatures of the attendees.
· Proceedings: the finding of what has happened to a document-handed, reported, etc .-.
· · Judicial faith Fon: All documents signed by the Registrar is presumed valid and the content.
· · Dación account. The judge, at the beginning of a trial to the public on all the facts
· · Reform OJ: powers under the secretary who previously gave to the judge.
· · Measures of organization. Are taken by the Secretary to order the procedure.
• Decree: Sometimes, to make a decision within the meaning of solving an issue, and should therefore support it. In these cases, you must do so by decree. Also find us when the Secretary makes a decision to end the process
° Measures of communication.