Provincial Courts

Provincial courts are courts that extend throughout a province and have their seat in the respective capital. They are panels of judges with civil and criminal jurisdictional authority.

Provincial courts hear appeals lodged against rulings issued by the single-judge courts of the province. In the criminal jurisdiction they hear proceedings for crimes that carry more severe penalties (for which the criminal courts do not have competence). A magistrate, by order of distribution, presides over the jury court. 


The Jury Court

The Court with Jury is a collegial organ presided over by a Chairman-Magistrate and is made up of 11 citizens (9 jurors and 2 alternates) who carry out the tasks of the jury. This tribunal acts within the scope of the Provincial Court.

Which are the crimes that go before the Tribunal with Jury?
According to the Organic Law of the Tribunal with Jury, their competences are:

  • Crimes against persons
  • Crimes committed by civil servants during the exercise of their duty.
  • Crimes against honour
  • Crimes against freedom and safety

What are the requirements for being a member of a popular jury?

  • Having Spanish nationality and being legally an adult
  • Knowing how to read and write
  • Being in full exercise of political rights
  • Being a neighbour, at the time of the appointment, of the municipality of the province where the crime was committed
  • Not being impeded – physically, psychically or sensorially – to carry out the function of juror

How can I be exempted from being a member of the jury?
The valid excuses for not acting as a member of the jury are:

  • being older than 65 years
  • having carried out functions as a jury member during the previous 4 years
  • serious disruption due to family responsibilities
  • having a job of relevant general interest which would be seriously damaged by the fact of being substituted
  • residing in a foreign country
  • being an active military professional, if circumstances of service concur
  • other reasons of incompatibility according to personal, professional, duty, and relationship circumstances.

The law aspires that the fulfilment of the duty of acting as a member of the jury will not imply an economic burden to citizens. Therefore, while the jury carries out their function, the members are entitled to receive a financial reward and compensation for the expenses incurred during this exercise. The manner and amount of the financial reward are fixed by regulation. The function of juror is considered as the fulfilment of an inexcusable duty, of a personal and public nature.