Courts
The Courts of First Instance and Preliminary Investigation are unipersonal courts that exercise jurisdictional functions of both civil and penal nature within the territory of their authority, known as the judicial district. The judicial district takes its name from the municipality in which the court is situated.
In civil matters they offer the first answer to citizens about the conflicts that may arise before them. Their decisions may be appealed against before the Provincial Court of the province in which they are situated.
In penal matters they are entrusted with holding Trials of minor offences, as well as carrying out the preliminary investigations of offences, which will be tried by Criminal Courts, or, where applicable, Provincial Courts.
They are the judicial bodies which are closest to the citizens – as much for their location in the administrative centre of the judicial districts as for their competence, which requires, in the majority of cases, the presence in their premises of those involved for the taking of evidence.
Courts of Commercial Matters are specialist courts within the area of civil law for resolving disputes on predominantly commercial matters as entrusted to them by law, as well as matters concerning insolvency.
Courts of Criminal Matters are responsible for hearing any matters to do with insolvency in the terms of the regulating Law and subject to article 85.6 of the Organic Law on the Judiciary (within the area of civil law, Courts of First Instance are responsible for hearing insolvency cases of natural persons that are not business-related according to terms laid out in the regulating Law), in addition to other matters - for the unity of the procedure - linked to varied disciplines that are considered of particular importance for the assets of the parties undergoing insolvency.
They have their seat in the capital of the province and have jurisdiction over the same, even though mercantile courts which extend their jurisdiction to two or more provinces of one autonomous community may be established.
The mercantile courts were created as a result of the reform of the Bankruptcy Law 8/2003, of the 9th of July, and began functioning on the 1st of September, 2004.
The mercantile courts of Alicante have competence, moreover, to know, in the first instance and in an exclusive manner, about all those litigations which are brought about under the protection of the provisions in Regulations numbers 40/94, of the Council of the European Union, of the 20th of December, 1993, on Community Trade Marks, and 6/2002, of the Council of the European Union, of the 12th of December, 2001, on Community Designs. In the exercise of this competence, said Courts will extend their jurisdiction over the entire national territory, and to these sole effects they shall be called Community Trademark Courts.
The capital of each province will house one or more Courts of Criminal Matters. Courts of Criminal Matters with jurisdiction over one or more administrative areas within the same province may be established, in accordance with the stipulations of the legislation on jurisdictional boundaries and judicial bodies, which will determine the city in which they are based. Courts of Criminal Matters will take their name from the city in which they are based (Article 89 bis of the Organic Law on the Judiciary).
Courts of Criminal Matters will be responsible for hearing and passing judgment on proceedings for offences for which the Law sets out a prison term of five years, or a fine of any amount, or any other sentence, whether single, joint or alternating, provided their term does not exceed ten years; as well as for misdemeanours, whether incidental or otherwise, that are attributable to the perpetrators of such offences or to others, when committing the misdemeanour or the evidence thereof are related to the former (article 14.3, Law of Criminal Procedure).
In order to facilitate the hearing of cases examined by the Courts for Violence against Women, and in view of the number of existing cases, one or more Courts in each province should become specialised, in accordance with the provisions of article 98 of this Organic Law on the Judiciary.
Courts of Criminal Matters are also charged with enforcing the judgments handed down in criminal proceedings for serious offences and less serious offences by Examining Magistrate's Courts and with recognising and enforcing rulings that impose financial penalties issued by the competent authorities of other Member States of the European Union, where they are to be served on Spanish territory, and autonomous confiscation proceedings for crimes they are responsible for hearing.
These courts began functioning on the 29th of June, 2005. The Organic Law against Gender Violence 1/2004 approved the creation of judicial organs specialized in violence against women. The Courts for Violence against Women deal with all the matters, procedures and resources laid down by this law.
The comprehensive Law against Gender Violence provides that in each judicial district there is at least one judicial organ that assumes the appropriate competences of these courts in such a way that all the victims are guaranteed to be given specialized judicial treatment.
The scope and competencies of this type of Court are regulated under article 87 bis and 87 ter in the Organic Law on the Judiciary.
They are unipersonal judicial organs which know in first or unique instance the appeals against acts and regulations of Public Administrations which are determined by law. Their territorial scope is provincial, with the seat in its capital.
The court for Contentious-Administrative Proceedings solves conflicts between citizens or legal professionals and public administrations, as well as any conflicts which may arise between administrations. It also knows about the appeals against certain administrative acts of the Autonomous Communities and local entities (including the entities and corporations dependent on or linked to them), as well as about appeals to do with immigration; and also against acts of Election Committees.
The Social Courts know in the first and unique instance the proceedings in those labour and social security matters which are not attributed to other courts of this jurisdictional order. They act over a province, even though, if the law so establishes, they may take charge of one or more judicial districts of the same province.
They are in charge of the rights of prisoners during their internment, controlling the fulfilment of sentences of deprivation of freedom, and resolving everything regarding the inmates of prison centres. Their decisions may be appealed against in the Provincial Court where the prison centre is situated.
The functions of the Penitentiary Surveillance Courts include the execution of sentences of deprivation of freedom, security measures, protection of the rights and benefits of the prisoners within the prison centres, as well as others laid down by the prison law. Their territorial scope is of one or more provinces and they have their head office in the capital of the province.
They are competent to know the crimes committed by those who are older than fourteen years and younger than eighteen years, and in accordance with the Organic Law 5/2000, of the 12th of January, regulating the Criminal Responsibility of Minors, and are also competent to know, execute and resolve about civil responsibility.
They are, therefore, in charge affecting minors who have fallen into the conducts legally classified as criminal or offensive. The judge of the minors also receives the file instructed by the prosecution in order to make the appropriate decision. Juvenile courts have competence over the entire province and are situated in the corresponding capitals.
It is up to these Judges to resolve these matters and keep watch on the imposed corrective measures, surveillance which may carry on until 23 years of age.