twistedmelon

Hi all,
In court judicial cases is it obligatory to have an abogado to present your case or can you represent yourself?

spainrico

How good is your Spanish and knowledge of the law?

spanish_lawyer

It depends on the kind of trial, the amount, of the reasons...

Rotor

Exactly , you are entitled to a lawer and interpreter FOC in most cases ,if your not its worth paying for at least an intereter even if your Spanish is excellent as you`ll be stuffed at some point with legal terminology , also an interepter gives you more time to think about you answers
If its a low value claim against you I`d proberly not bother with a lawyer as they are v expensive.

twistedmelon

It's a denuncia for a trivial matter between neighbours.
The matter was rectified the day after the denuncia was made (in Sept 2006) as it was a simple misunderstanding.
However, as you can see, some 4 years later, it is still going to court.
It is in a small local court and the person who made the denuncia is seeking 1,500 euros costs. As there was no damage or otherwise I assume this is for legal costs as they have employed an abogado.

snikpoh

Not only did we need an abogado but we also needed a procurator (procurador?) who cost an absolute fortune.

spanish_lawyer

I do not understand if it is a criminal or civil problem. If it is criminal, in the juicio de faltas do not need a abogado and procurador. If it is civil, depend on the facts and the amount.

twistedmelon

I assume it is civil.
A waste water pipe was attached to wall and the vecino claimed it was in his share of the air. Without discussing the matter the vecino went directly to the GC and made a denuncia. The next day the pipe was removed, so why the the case is still going on (after 4 years) I don't know.

snikpoh

I thought the distinction over here was CRIMINAL versus PENAL?

Our case was put through as penal to force him to pay compensation or go to prison. With a criminal case, even if we won, he could declare himself insolvent and do nothing!

missile

You do not need an Abagado to represent you and as you describe the neighbours complaint, it would appear you are guilty but have rectified the problem.

If it were me, I would employ an Abagado. In my experience they are not so expensive, ask for an estimate. Having a denuncia against you is bad news and subsequent trial where that denuncia is upheld would be worse.

I believe that many complainants do not show at trial and if your neighbour does not attend the case will be dismissed. If you or your representative do not attend,

Madridboy

Maybe your neighbour isn't going to bother turning up. Go to the court appointment and if the other person does go just claim you don't speak Spanish then they will have to get an interpreter for you who more likely than not will not be available in the moment forcing a dismissal of the court for a later date which will give you time to be organized for the next one.

twistedmelon

Well I'm not actually 100% sure there is a denuncia still. I have been told that the original denuncia was thrown out by the court but he wasn't happy with this so took out a private claim.
An abogado has looked through the papers and he can't make head nor tail of it and says it is complete nonsense.
I'm glad it is OK to represent yourself as it seems totally pointless to even be going to court let alone paying for abogados etc when it is quite obviously nonsense.
The vecino in question is a complete a*#~hole hated by all and denouncing is a hobby to him.

Madridboy

lol, just as it is with many Spanish I've met.

missile

You can check where it was issued, details will be on your copy ........ Then it seems likely your neighbour knows the system well and all the more important that you attend.

Just like in the UK, where anyone can raise a spurious action in the sheriff / county court. If you do not appear ......

twistedmelon

Thanks to you all for your time and good advice.
Very much appreciated.