14 SECTION SIX. ABOUT THE JUDICIARY
SECTION ONE. THE BASIC RIGHTS AND RESPONSIBILITIES
Chapter One. The Spaniards and foreigners
Chapter Two. Rights and freedoms
Part 1. Fundamental rights and public freedoms
Part 2. On the rights and responsibilities of citizens
Chapter Three. The fundamental principles of social and economic policy
Chapter Four. On guarantees of fundamental freedoms and human
Chapter Five. On the suspension of the rights and freedoms
SECTION TWO. ABOUT CROWN
SECTION THREE. About the Cortes Generales
Chapter One. About the Chambers
Chapter Two. On the development of laws
Chapter Three. On International Treaties
SECTION FOUR. ABOUT THE STATE GOVERNMENT AND ADMINISTRATION
SECTION FIVE. ON RELATIONS BETWEEN THE GOVERNMENT AND Cortes Generales
SECTION EIGHT. ON TERRITORIAL UNIT OF THE STATE
Chapter One. General Provisions
Chapter Two. Local Government
Chapter Three. On Autonomous Communities
CHAPTER NINE. THE CONSTITUTIONAL COURT
SECTION TEN. On constitutional reform
About the judiciary
1. The bearer of justice yavlyaetcya people. Justice of the King sent the judges and members of the courts of the judiciary. Judges are independent, are appointed for life, are responsible before the law and subject only. Law.
2. Judges and members of the courts of Spain can not be removed from office, dismissed transferred from one post to another, or to retire, except for the reasons and under the conditions provided for by law.
3. The judicial authorities at all stages of the administration of justice, the imposition of judicial decisions and judgments and to ensure their application relates solely to the conduct of judges and courts established by law, in accordance with the terms of reference and the order of the trial, they also established.
4. Judges and courts do not exercise other functions other than those specified in the preceding paragraph, as well as those that are related to their jurisdiction by law in order to guarantee any prava.
5. The principle of unity of the judiciary is the foundation of the organization and work of the courts. The law regulates the exercise of military justice only in the military field, in a state of siege, in accordance with the principles of the Constitution.
6. The creation of special courts.
It is mandatory sentences and other come into legal force of decisions of courts and judges, as well as providing them the necessary assistance in the conduct of proceedings and the enforcement of judgments.
In the cases provided by law, pravosudie sent for free, and in any case where a person involved in the proceedings, to make sure that they have sufficient funds for its maintenance.
1. The trial is open, except in cases provided for by procedural laws.
2 The trial is primarily ustnym, especially in criminal cases.
3. Judicial decisions should always be motivated and should be announced publicly.
Damage caused a miscarriage of justice, as well as other damages as a result of misconduct in the administration of justice shall be reimbursed by the State in accordance with the law.
1. The Organic Law of Judicial Power shall determine the procedures institutions, activities and administration of the courts, the legal status of judges and courts that make up a single body, as well as those working in the justice system.
2. The management body of the judiciary is Generalny Council of the judiciary. Organic Law establishes its status, the position of the incompatibility of its members, as well as their function, particularly in the appointment, promotion, supervision and disciplinary liability.
3. General Council of the Judicial Power is derived from the chairman of the Supreme Court, which is headed, and twenty members appointed by the King for a period of five years. Of these, twelve are appointed from among the judges and members of ships of all categories in the conditions prescribed by law, and four - by the Congress of Deputies, and four more - at the suggestion of the Senate, in both cases by a three-fifths majority. They should all be lawyers and jurists have recognized competence and experience in the legal profession for over fifteen years.
1. The Supreme Court, whose jurisdiction extends to the whole of Spain, is the highest judicial authority in all matters except those relating to constitutional guarantees.
2. President of the Constitutional Court shall be appointed by the King predlozheniyu the General Council of the judiciary in the manner prescribed by law.
1. The prosecutor's office, regardless of the functions carried out by other bodies, has the task to promote the administration of justice in order to protect the rule of law, civil rights and public interests protected by the law, in virtue of his office or at the request of interested parties, as well as to monitor compliance with the independence of the courts and in are of public interest.
2. The prosecutor's office operates through its own organs in accordance with the principles of unity of action and hierarchical subordination, always adhering to the principles of legality and impartiality.
3. Organic Act regulates the status of prosecutors.
4. State Attorney General is appointed by the King, on the proposal of the Government, taking into account the views of the General Council of the Judiciary.
Citizens can participate in the administration of justice through the institution of the jury, in the manner and criminal cases stipulated by law, and on the basis of traditional and customary law.
The judicial police in their actions to investigate crimes obnaruzheniyu offenders and the proof of their guilt is accountable to the judges, members of the courts and the prosecutor's office.
1. On active service judges, members of the courts and prosecutors may not hold other official dolzhnocti or belong to political parties or trade unions. The law defines the system and variety of professional associations of judges, prosecutors and members of the judiciary.
2. The law establishes a system of incompatibilities for members of the judiciary, which should provide their full independence.