Page:Spanish Constitution.djvu/25

Constitució Espanyola Section 120


 * 1. Judicial proceedings shall be public, with the exceptions contemplated in the laws on procedure.


 * 2. Proceedings shall be predominantly oral, especially in criminal cases.


 * 3. Judgments shall always specify the grounds therefore, and they shall be delivered in a public hearing.

Section 121


 * Damages caused by judicial error as well as those arising from irregularities in the administration of justice shall give rise to a right to compensation by the State, in accordance with the law.

Section 122


 * 1. The Organic Act of the Judicial Power shall make provision for the setting up, operation and internal administration of courts and tribunals as well as for the legal status of professional judges and magistrates, who shall form a single body, and of the staff serving in the administration of justice.


 * 2. The General Council of the Judicial Power is its governing body. An organic act shall lay down its status and the system of incompatibilities applicable to its members and their functions, especially in connection with appointments, promotions, inspection and the disciplinary system.


 * 3. The General Council of the Judicial Power shall consist of the President of the Supreme Court, who shall preside it, and of twenty members appointed by the King for a five year period, of which twelve shall be judges and magistrates of all judicial categories, under the terms provided for by the organic act; four nominated by the Congress and four by the Senate, elected in both cases by three fifths of their members amongst lawyers and other jurists of acknowledged competence with more than fifteen years of professional practice.

Section 123


 * 1. The Supreme Court, with jurisdiction over the whole of Spain, is the highest judicial body in all branches of justice, except with regard to provisions concerning constitutional guarantees.


 * 2. The President of the Supreme Court shall be appointed by the King, on the General Council of the Judicial Power proposal in the manner to be laid down by the law.

Section 124


 * 1. The Office of Public Prosecutor, without prejudice to functions entrusted to other bodies, has the task of promoting the operation of justice in the defence of the rule of law, of citizens' rights and of the public interest as safeguarded by the law, whether ex officio or at the request of interested parties, as well as that of protecting the independence of the courts and securing before them the satisfaction of social interest.


 * 2. The Office of Public Prosecutor shall discharge its duties through its own bodies in accordance with the principles of unity of operation and hierarchical subordination, subject in all cases to the principles of the rule of law and of impartiality.


 * 3. The organic statute of the Office of the Public Prosecutor shall be laid down by law.


 * 4. The State's Public Prosecutor shall be appointed by the King on the Government's proposal after consultation with the General Council of the Judicial Power.

Section 125


 * Citizens may engage in popular action and take part in the administration of justice through the institution of the jury, in the manner and with respect to those criminal trials as may be determined by law, as well as in customary and traditional courts.

Section 126


 * The judicial police shall report to the judges, the courts and the Public Prosecutor when discharging their duties of crime investigation and the discovery and arrest of offenders, under the terms to be laid down by the law.

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