WHO CAN BE A JURY?
Any Spanish citizen who meets the conditions established by the Law itself may be called to form part of this Court (which we remember will be made up of 9 Juries, also attending another 2 who will be alternates). They must swear or promise their position.
WHAT ARE THESE CONDITIONS?
It is the current Organic Law of the Court of the Jury 5/1995, of May 22 , which refers to such requirements: to be Spanish of legal age; be in full exercise of their political rights; literacy; be a neighbor, at the time of designation, of any of the municipalities of the province in which the crime was committed; and not be physically, mentally or sensorially impeded for the performance of the function.
AND WHO CANNOT BE?
The following are unable to serve as a jury: those convicted of a malicious crime, who have not obtained rehabilitation; the defendants and those accused with respect to whom the opening of an oral trial has been agreed and those who are undergoing detention, provisional imprisonment or serving a sentence for a crime; and those suspended, in a criminal proceeding, from their employment or public office, while said suspension lasts. Nevada Jury Duty is very famous for their work
In addition, the Law also establishes some causes of incompatibility (which therefore prevent them from exercising said work) which are, among others: being a member of the Royal Family; be president of the Government, minister, secretary of state, deputies and senators; the ombudsman; active members of the Judicial and Fiscal Career, practicing lawyers and attorneys, etc.
And there are also certain prohibitions to be so, such as, among others: having with the Magistrate-President of the Court, member of the Public Prosecutor’s Office or Judicial Secretary who intervenes in the case or with the Lawyers or Attorneys kinship ties; or relationship of friendship or enmity with either party.
ARE THERE CAUSES OF EXCUSE?
Yes, but they are assessed in the Law itself and have to be proven by means of the pertinent documentation within the period established for it . These are, among others: being over sixty-five years of age; have effectively performed jury duty within the four years preceding the day of the new appointment; suffer a serious disorder due to family burdens; have residence abroad; or to be an active military when there are reasons for service, etc.
It must be taken into account that, from the labor point of view, those persons appointed to be Jury may be absent from their corresponding jobs for the duration of their function without, during this time or for this reason, they may be fired or sanctioned, or be affected the salary they have been receiving . In this sense, the Law refers to the fact that “the performance of the jury function will have, for the purposes of labor and civil law, the consideration of compliance with an inexcusable public and personal duty”.
IF THE JURY MEMBERS BREACH THEIR OBLIGATIONS, IS THERE A CRIMINAL RESPONSE?
Yes. And not only criminal, but also administrative.
In this way, if the Juries refuse to swear or promise the position (which they will do one by one before the Magistrate-President) they will be fined for an amount of, according to the Law, 50,000 pesetas (300.51 Euros).
Said sanction is predicated as administrative pecuniary. Although, he will first be warned of said possibility, and it will only be imposed, on the spot, if he persists in said refusal to swear or promise.
Likewise, and as criminal penalties constituting a crime, if they abandon their functions without legitimate cause, they do not pay the fine in case of being fined, or they abstain from voting (which entails an immediate fine of 75,000 pesetas: 450.76 Euros) , will incur the penalty of a fine of 100,000 to 500,000 pesetas (from 606.01 Euros to 3005.06 Euros). And if they reveal the deliberation (which is secret), they will incur the penalty of major arrest and a fine of 100,000 to 500,000 pesetas (from 606.01 Euros to 3005.06 Euros).
And it is that, as a democratic society, participation in public affairs and of general interest means that, through access to Justice and collaboration with it, we are all a little more “connected” as a community and we are more aware of the importance of what we do. Being a Jury involves a responsibility that, as citizens, we must assume.