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{{Short description|Court in Spain}}
{{Infobox high court
| court_name = National Court
| native_name = Audiencia Nacional
| image = Audiencia-Nacional-141115.jpg
| imagesize =
| caption = Audiencia Nacional headquarters, in Madrid
| established = {{start date and age|4|1|1977}}
| jurisdiction = {{flag|Spain}}
| location = Calle García Gutiérrez, 1, [[Madrid]]
| coordinates =
| type = <!-- partisan election/non-partisan election/legislative
selection/executive selection/cooption/etc -->
| authority = Judiciary Organic Act
| appealsto = [[Supreme Court of Spain|Supreme Court]]
| terms = <!-- length of court term for judges -->
| positions = <!-- number of positions/seats on court -->
| website = <!-- official website -->
| chiefjudgetitle = President
| chiefjudgename = [[José Ramón Navarro]]
| termstart = 8 January 2014
| termend = <!-- year term for current chief as chief ends, if applicable -->
| termend2 = <!-- year term of current chief ends if applicable -->
}}
{{PoliticsES}}
{{PoliticsES}}
The '''Audiencia Nacional''' ({{IPA|es|awˈðjen.θja naθjoˈnal}}; {{lang-en|National Court}}) is a high court in [[Spain]] with [[jurisdiction]] over all of the Spanish territory. It is specialised in a certain scope of delinquency, having [[original jurisdiction]] over major crimes such as those committed against the [[Monarchy of Spain|Crown]] and its [[Spanish royal family|members]], [[terrorism]], [[Counterfeit money|forgery of currency]], credit and debit cards and checks, some [[trade]] crimes committed in more than one region and over drug trafficking, food frauds and medical frauds committed in a nationwide level as well as over [[Transnational crime|international crimes]] which come under the competence of Spanish courts. ([https://www.boe.es/buscar/act.php?id=BOE-A-1985-12666&tn=1&p=20140314&vd=#asesentaycinco LOPJ § 65]). It has also [[appellate jurisdiction]] over the cases of the Criminal Chamber of the National Court ([https://www.boe.es/buscar/act.php?id=BOE-A-1985-12666&tn=1&p=20140314&vd=#asesentaycuatro LOPJ § 64]).<ref name=":0">{{Cite web|url=https://www.boe.es/buscar/act.php?id=BOE-A-1985-12666|title=Organic Act of the Judiciary of 1985|website=www.boe.es|access-date=2019-02-16}}</ref>
The '''''[[Audiencia]] Nacional de España''''' ("National Court of Spain"), is a high court in [[Spain]]. It has its seat in [[Madrid]], with [[jurisdiction]] over all of Spain, unlike most of the courts which have a territorial bailiwick.


Most of the rulings of the National Court can ultimately be appealed before the [[Supreme Court of Spain|Supreme Court]]. Its seat lies in [[Madrid]], at Calle García Gutiérrez, 1, located across the Plaza Villa de Paris from the Supreme Court.
The Audiencia is composed of its President, the Presidents of the Court, and the magistrates that the law specifies for each one of its courts and divisions.


The Audiencia Nacional was created in 1977 at the same time as the [[Court of Public Order]], an [[List of special tribunals and courts|exceptional court]] created during the [[dictatorship of Francisco Franco]], ceased to exist.
The Audiencia includes the following courts:
* Penal Court, which is occupied with crimes such as [[terrorism]], [[organized crime]], [[genocide]], etc.
* Appeals Court, which addresses differences between the law and the decisions of the Penal Court
* Litigation-Administrative Court
* Social Court


==Structure==
It is reserved for cases that have national or international importance and certain grave crimes like [[terrorism]].
The Audiencia is composed of its President, the Presidents of the Chambers, and the magistrates that the law specifies for each one of its courts and divisions.
Its decisions can be overturned by the [[Supreme Court of Spain]].


The Audiencia includes the following chambers:<ref name=":0" />
[[Baltasar Garzón]] is a well known prosecuting judge in the penal court.

* '''Criminal Chamber''', which is competent to try certain types of serious crimes such as [[terrorism]], [[money laundering]], [[genocide]], etc., makes decisions about [[extradition]] demands by foreign countries and the execution of [[European arrest warrant]]s, and hears appeals against rulings of the ''Central Criminal Courts'' (''Juzgados Centrales de lo Penal'').
* '''Appeals Chamber''', which hears appeals against rulings of the Criminal Chamber.
* '''Administrative Chamber''', which exercises [[judicial review]] of administrative decisions by senior officers (Ministers and Secretaries of State of the [[Government of Spain|Government]]) and certain specialised agencies ([[Spanish Data Protection Agency]], Concurrence Protection Commission, etc.)
* '''Social Chamber''', which has jurisdiction over collective conflicts between businesspersons and workers.

==Related courts==
Even when they are not part of the National Court, because they are in the same building, the Central Courts are popularly considered part of it. These courts have jurisdiction in all the national territory.<ref name=":0" />

# '''Central Criminal Courts''' ([https://www.boe.es/buscar/act.php?id=BOE-A-1985-12666&tn=1&p=20140314&vd=#aochentayocho LOPJ § 89 bis]). They prosecute the same crimes as the Criminal Chamber when they have sentence of less than five years of prison.
# '''Central Instruction Courts''' ([https://www.boe.es/buscar/act.php?id=BOE-A-1985-12666&tn=1&p=20140314&vd=#aochentayocho LOPJ § 88]). These courts investigate the crimes that are then prosecuted by the Criminal Chamber of the National Court or the Central Criminal Courts.
# '''Central Courts of Prison Vigilance''' ([https://www.boe.es/buscar/act.php?id=BOE-A-1985-12666&tn=1&p=20140314&vd=#anoventaycuatro LOPJ § 94.4]). They attend to the enforcement of the penalties imposed by the National Court or the Central Criminal Court
# '''Central Minors Courts''' ([https://www.boe.es/buscar/act.php?id=BOE-A-1985-12666&tn=1&p=20140314&vd=#anoventayseis LOPJ § 96.2]). They prosecutes the same crimes as the National Court and the Central Criminal Court but when minors are accused.
# '''Central Administrative Courts''' ([https://www.boe.es/buscar/act.php?id=BOE-A-1985-12666&tn=1&p=20140314&vd=#anoventa LOPJ § 90.4]). These courts a responsible for the appeals against dispositions and acts emanated from authorities, organisms, organs and public entities with competence over the national territory.

==Prosecutor's Office==
{{Main|Prosecution Ministry}}
{{See also|Attorney General of Spain}}

The Prosecutor's Office of the National Court is the body of the Attorney General's Office that prosecute all the cases related to the National Court with the exception of those cases granted to the Special Prosecution Offices (Anti-Drug Prosecutor's Office and Prosecutor's Office against Corruption and Organized Crime).

The Prosecutor's Office, and the Special Prosecution Offices are headed each one by a Chief Prosecutor and with a Lieutenant Prosecutor as second-in-command.


==See also==
==See also==
* [[Constitutional Court of Spain]]
* [[Constitutional Court of Spain]]
* [[Judiciary of Spain]]

==References==
{{Reflist}}


{{Judiciary of Spain}}
[[Category:Courts]]
{{authority control}}


[[ca:Audiència Nacional d'Espanya]]
{{DEFAULTSORT:Audiencia Nacional Of Spain}}
[[Category:Courts in Spain]]
[[es:Audiencia Nacional de España]]
[[Category:1977 establishments in Spain]]
[[eu:Espainiako Auzitegi Nazionala]]
[[Category:Judiciary of Spain]]

Latest revision as of 04:36, 15 August 2024

National Court
Audiencia Nacional
Audiencia Nacional headquarters, in Madrid
EstablishedJanuary 1977, 4; 47 years ago (4-01-1977)
Jurisdiction Spanien
StandortCalle García Gutiérrez, 1, Madrid
Authorized byJudiciary Organic Act
Appeals toSupreme Court
President
CurrentlyJosé Ramón Navarro
Since8 January 2014

The Audiencia Nacional (Spanish pronunciation: [awˈðjen.θja naθjoˈnal]; English: National Court) is a high court in Spanien with jurisdiction over all of the Spanish territory. It is specialised in a certain scope of delinquency, having original jurisdiction over major crimes such as those committed against the Crown and its members, terrorism, forgery of currency, credit and debit cards and checks, some trade crimes committed in more than one region and over drug trafficking, food frauds and medical frauds committed in a nationwide level as well as over international crimes which come under the competence of Spanish courts. (LOPJ § 65). It has also appellate jurisdiction over the cases of the Criminal Chamber of the National Court (LOPJ § 64).[1]

Most of the rulings of the National Court can ultimately be appealed before the Supreme Court. Its seat lies in Madrid, at Calle García Gutiérrez, 1, located across the Plaza Villa de Paris from the Supreme Court.

The Audiencia Nacional was created in 1977 at the same time as the Court of Public Order, an exceptional court created during the dictatorship of Francisco Franco, ceased to exist.

Structure

[edit]

The Audiencia is composed of its President, the Presidents of the Chambers, and the magistrates that the law specifies for each one of its courts and divisions.

The Audiencia includes the following chambers:[1]

  • Criminal Chamber, which is competent to try certain types of serious crimes such as terrorism, money laundering, genocide, etc., makes decisions about extradition demands by foreign countries and the execution of European arrest warrants, and hears appeals against rulings of the Central Criminal Courts (Juzgados Centrales de lo Penal).
  • Appeals Chamber, which hears appeals against rulings of the Criminal Chamber.
  • Administrative Chamber, which exercises judicial review of administrative decisions by senior officers (Ministers and Secretaries of State of the Government) and certain specialised agencies (Spanish Data Protection Agency, Concurrence Protection Commission, etc.)
  • Social Chamber, which has jurisdiction over collective conflicts between businesspersons and workers.
[edit]

Even when they are not part of the National Court, because they are in the same building, the Central Courts are popularly considered part of it. These courts have jurisdiction in all the national territory.[1]

  1. Central Criminal Courts (LOPJ § 89 bis). They prosecute the same crimes as the Criminal Chamber when they have sentence of less than five years of prison.
  2. Central Instruction Courts (LOPJ § 88). These courts investigate the crimes that are then prosecuted by the Criminal Chamber of the National Court or the Central Criminal Courts.
  3. Central Courts of Prison Vigilance (LOPJ § 94.4). They attend to the enforcement of the penalties imposed by the National Court or the Central Criminal Court
  4. Central Minors Courts (LOPJ § 96.2). They prosecutes the same crimes as the National Court and the Central Criminal Court but when minors are accused.
  5. Central Administrative Courts (LOPJ § 90.4). These courts a responsible for the appeals against dispositions and acts emanated from authorities, organisms, organs and public entities with competence over the national territory.

Prosecutor's Office

[edit]

The Prosecutor's Office of the National Court is the body of the Attorney General's Office that prosecute all the cases related to the National Court with the exception of those cases granted to the Special Prosecution Offices (Anti-Drug Prosecutor's Office and Prosecutor's Office against Corruption and Organized Crime).

The Prosecutor's Office, and the Special Prosecution Offices are headed each one by a Chief Prosecutor and with a Lieutenant Prosecutor as second-in-command.

See also

[edit]

References

[edit]
  1. ^ a b c "Organic Act of the Judiciary of 1985". www.boe.es. Retrieved 2019-02-16.