The Jury Trial Law
Organic Law 5/1995 of 22 May. Which crimes citizens try, how the procedure unfolds and what appeals lie against the verdict.
Organic Law 5/1995 of 22 May on the Jury Court (LOTJ) implements article 125 of the Constitution: citizens take part in the administration of justice by trying certain crimes. The jury is not a standing court; it is empanelled for each specific case within the scope of the Provincial Court —or the High Court of Justice or the Supreme Court when the accused holds a protected office— and it is excluded when the case falls to the National Court or when jurisdiction has been assumed by the European Public Prosecutor’s Office (art. 1.3 LOTJ).
The division of roles is the key to the system: the nine jurors decide on the facts and declare the accused guilty or not guilty (art. 3 LOTJ), while the presiding judge conducts the trial, drafts the object of the verdict, applies the law and delivers the judgment. Jurisdiction is determined by the alleged offence, whatever the degree of participation; for crimes against persons, only if the offence was completed (art. 5.1 LOTJ). The jury also hears connected offences in the limited cases of art. 5.2. Where the LOTJ is silent, the Criminal Procedure Law applies on a subsidiary basis.
Composition (art. 2 LOTJ)
- person9 jurors plus a judge of the Provincial Court who presides over the court.
- person_addThe trial is also attended by 2 alternate jurors (art. 2.2 LOTJ).
- account_balanceIf the accused holds a protected office, a judge of the Criminal Chamber of the Supreme Court or of the Civil and Criminal Chamber of the High Court of Justice presides (art. 2.1 LOTJ).
Who can serve as a juror (arts. 6 and 8)
Serving as a juror is a right and, for anyone not covered by an incompatibility, prohibition or legal excuse, a duty (art. 6 LOTJ). The requirements of art. 8:
- Being a Spanish national of legal age, in full exercise of political rights.
- Being able to read and write.
- Residing in a municipality of the province where the crime was committed.
- Having sufficient capability; since Organic Law 1/2017, persons with disabilities cannot be excluded and must receive reasonable accommodation and support.
Crimes tried by the jury (art. 1 LOTJ)
Art. 1.2 LOTJ, as currently in force, assigns to the jury court the trial of the offences defined in the following provisions of the Criminal Code (CP):
| Item | Offence | Provisions |
|---|---|---|
| a) | Homicide (including murder) | Arts. 138 a 140 CP |
| b) | Threats | Art. 169.1.º CP |
| c) | Failure to render assistance | Arts. 195 y 196 CP |
| d) | Breaking into a dwelling | Arts. 202 y 204 CP |
| e) | Breach of custody of documents | Arts. 413 a 415 CP |
| f) | Bribery of public officials | Arts. 419 a 426 CP |
| g) | Influence peddling | Arts. 428 a 430 CP |
| h) | Misappropriation of public funds | Arts. 432 a 434 CP |
| i) | Fraud and illegal exaction by officials | Arts. 436 a 438 CP |
| j) | Prohibited dealings by public officials | Arts. 439 y 440 CP |
| k) | Breach of custody of prisoners | Art. 471 CP |
infoForest fires appeared in the original list but were removed by Organic Law 1/2015. For crimes against persons the jury only has jurisdiction if the offence was completed (art. 5.1 LOTJ): attempted homicide is tried under the ordinary procedure.
infoJurisdiction extends to connected offences in the cases of art. 5.2 LOTJ. Crimes assigned to the National Court and those over which the European Public Prosecutor’s Office has assumed jurisdiction are excluded (art. 1.3, as amended by Organic Law 9/2021).
Stages of the jury procedure
Opening of proceedings (art. 24 LOTJ)
When a complaint, a private prosecution or any procedural step attributes to a specific person an offence within the jury’s jurisdiction, the investigating judge opens the jury procedure. The Criminal Procedure Law (LECrim) applies on a subsidiary basis.
Investigation and triable facts (art. 37 LOTJ)
After the parties’ appearance and the intermediate phase, the judge who will preside over the court issues the order on triable facts: it sets out, in separate paragraphs, the facts to be tried, rules on the proposed evidence and schedules the trial.
Jury selection and empanelment
Candidate jurors are drawn by lot from the census. At the hearing itself the parties may challenge candidates until the court is empanelled with 9 jurors and 2 alternates, who take an oath or promise.
Trial
Evidence is heard directly by the jury under the principles of immediacy and adversarial debate. Once the prosecution’s closing arguments end, the defence may request —or the presiding judge may order of his own motion— the early dissolution of the jury if there is no incriminating evidence, resulting in an acquittal (art. 49 LOTJ).
Object of the verdict (art. 52 LOTJ)
The presiding judge hands the jury a written questionnaire with the facts to be declared proven or not proven —separating those favourable and contrary to the accused— and the final question of guilt or innocence. Its drafting is a critical stage for the defence.
Deliberation and verdict (arts. 54 to 65 LOTJ)
The jury deliberates behind closed doors and votes on each fact: 7 votes for facts against the accused, 5 for favourable ones; 7 for guilt and 5 for innocence. The verdict form must include a brief explanation of the reasons: the reasoning of the verdict.
Judgment (art. 70 LOTJ)
The presiding judge delivers the judgment, adopting the verdict’s content as proven facts. In case of a guilty verdict, the judgment must identify the incriminating evidence that rebuts the presumption of innocence; the judge applies the law and determines the sentence.
Verdict majorities (arts. 59 and 60 LOTJ)
7 / 9
Votes required to declare proven the facts against the accused and to return a guilty verdict.
5 / 9
Votes sufficient for facts favourable to the accused and for a not-guilty verdict: the asymmetry protects the presumption of innocence.
If after a third return of the verdict form the majorities are not reached, a new trial is held with a fresh jury; if the second jury also fails to return a verdict, an acquittal is entered (art. 65 LOTJ).
Appeals against the judgment
- looks_oneAppeal to the Civil and Criminal Chamber of the High Court of Justice, on the limited grounds of arts. 846 bis a) et seq. LECrim (breach of procedural rules and safeguards, infringement of a constitutional or statutory provision, or violation of the presumption of innocence, among others).
- looks_twoCassation before the Second Chamber of the Supreme Court against the appeal judgment of the High Court of Justice (art. 847 LECrim). Cassation review of the verdict’s reasoning is one of the most technical fronts of this remedy.
The jury and plea agreements (art. 50)
If all parties request a judgment of conformidad, the jury is dissolved and the presiding judge rules on the basis of the admitted facts. Two essential limits:
- The agreed sentence cannot exceed 6 years of imprisonment, alone or together with a fine and deprivation of rights.
- The presiding judge may reject it: if he considers the act was not committed or was not committed by the accused, the trial continues; if he doubts the legal classification or sees possible defences or mitigating factors, he submits the object of the verdict to the jury.
Frequently asked questions about the Jury Law
Which crimes are tried by a jury in Spain?
Art. 1.2 of Organic Law 5/1995 lists eleven offences: homicide (arts. 138 to 140 CP), threats (art. 169.1 CP), failure to render assistance (arts. 195 and 196 CP), breaking into a dwelling (arts. 202 and 204 CP), breach of custody of documents (arts. 413 to 415 CP), bribery (arts. 419 to 426 CP), influence peddling (arts. 428 to 430 CP), misappropriation of public funds (arts. 432 to 434 CP), fraud and illegal exaction (arts. 436 to 438 CP), prohibited dealings by officials (arts. 439 and 440 CP) and breach of custody of prisoners (art. 471 CP). Forest fires were removed from the list by Organic Law 1/2015.
Is jury service compulsory in Spain?
Yes. Under art. 6 LOTJ, serving as a juror is a right for those with no impediment and a duty for those not affected by an incompatibility, prohibition or legal excuse. Art. 8 requires being a Spanish national of legal age, in full exercise of political rights, able to read and write, and resident in a municipality of the province where the crime was committed. Since Organic Law 1/2017, persons with disabilities cannot be excluded on that ground and must be provided with reasonable accommodation and support.
How many votes does the jury need to convict or acquit?
The verdict does not require unanimity but asymmetric qualified majorities: facts against the accused need at least 7 votes out of 9, while facts favourable to the accused need only 5 (art. 59 LOTJ). A finding of guilt requires 7 votes; a finding of not guilty requires 5 (art. 60 LOTJ).
What happens if the jury cannot reach the required majorities?
The verdict form is returned to the jury for correction. If after a third return the majorities are still not reached, the jury is dissolved and a new trial is held with a fresh jury; if the second jury also fails to return a verdict, the presiding judge dissolves it and issues an acquittal (art. 65 LOTJ).
Is a plea agreement (conformidad) possible in a jury trial?
Yes, within limits. Art. 50 LOTJ allows the jury to be dissolved if all parties request a judgment of conformidad, provided the agreed sentence does not exceed 6 years of imprisonment, alone or together with a fine and deprivation of rights. The presiding judge reviews the agreement and may refuse to dissolve the jury if there are grounds to believe the act was not committed or was not committed by the accused.
What appeals are available against a jury verdict in Spain?
The judgment issued by the presiding judge can be appealed to the Civil and Criminal Chamber of the High Court of Justice (arts. 846 bis a) et seq. LECrim) and, against the appeal judgment, a cassation appeal lies before the Second Chamber of the Supreme Court (art. 847 LECrim).
Related content
Source: Official State Gazette (BOE). Current consolidated text of Organic Law 5/1995 of 22 May on the Jury Court. Informational content: applying the law to a specific case requires a lawyer’s analysis. View on the BOEBOE-A-1995-12095
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