Articulo 544 ter lecrim
Criminal procedure code 503
The application for the protection order is made through a standardized form that is available at Police Stations, Civil Guard posts, as well as the public prosecutor’s office, courts, Victim Assistance Offices, Legal Guidance Services of the Bar Associations, social services or welfare institutions. The form is also available on the website of the Ministry of Equality and, among others, on the website of the General Council of the Judiciary.
The competence to issue a protection order corresponds to the Guardia Court before which the application has been filed, which must summon the appearance provided for in art. 544 ter as quickly as possible and, at the latest, within 72 hours.
This appearance of art. 544 ter can be held simultaneously with the one foreseen in art. 505 LECrim when its convocation is appropriate and, in its case, with the one of art. 798 LECrim when the procedure is a fast trial urgent proceeding.
Bearing in mind the provisions of the Law sanctioned on February 11, 1881 and promulgated by virtue of the Royal Decree of June 22, 1882, by which my Government was authorized so that, subject to the rules contained therein, having heard, as it has done, the corresponding Section of the General Codification Commission, and taking as a basis the General Compilation of October 16, 1879, it may draft and publish a Law of Criminal Procedure; Conforming myself with that proposed by the Minister of Grace and Justice, in agreement with the opinion of my Council of Ministers.
Article 1. The attached draft of the Code of Criminal Procedure, drawn up in accordance with the authorization granted to the Government by the Law passed on February 11, 1881 and published by virtue of the Royal Decree of June 22, 1882, is hereby approved.
2.ª It will be applied and will be in force as from October 15th next in the part referring to the formation of summary proceedings, comprised from Title IV of Book II to Art. 622 of Title XI of the same book.
Torture crime penal code
This is an urgent hearing where the Judge decides whether to grant a protection order for the victim of the crimes of domestic and gender violence, regulated in articles 153, 171, 172 and 173.2 of the Penal Code.
Article 544.ter.1. The Examining Magistrate will issue a protection order for the victims of domestic violence in those cases in which, there being well-founded indications of the commission of a crime or misdemeanor against the life, physical or moral integrity, sexual freedom, liberty or security of any of the persons mentioned in article 173.2 of the Criminal Code, there is an objective situation of risk for the victim that requires the adoption of any of the protection measures regulated in this article.
This hearing must be held within a maximum period of 72 hours from its request, either ex officio by the Judge, or at the request of the victim, the Public Prosecutor’s Office or the assistance entities or agencies (victim assistance offices).
In this hearing will be present the victim, the aggressor, the aggressor’s lawyer, the Public Prosecutor’s Office and the Judge. Obviously both the victim and the aggressor will not appear at the same time, since visual contact between them will be avoided.
The legislative reform elaborated by the Commission of Regulation of the Col-legi de l’Advocacia de Barcelona proposes the incorporation of a new article to the Law of Criminal Judgment, concretament el 544 sexies and the modification of article 13 of the criminal procedural law
«In the cases in which a crime of article 245 of the Penal Code is heard, the Judge or Court will adopt the eviction measure within a maximum period of 48 hours from the precautionary petition, without the need to provide security, as long as, once the occupants of the property have been requested, they do not exhibit the legal title that legitimizes the permanence in the property. Once the eviction has been agreed upon, they may inform the municipal social services for the purpose of facilitating the re-housing, taking into account the special vulnerability of the occupants or the other circumstances of the case.»