Organization and judicial structure

Judicial Demarcation

The municipalities of the Community of Madrid are grouped into 21 judicial districts. The judicial bodies are located in the party's head municipality.

They extend their jurisdiction to other judicial parties:

The Commercial, Juvenile, Penitentiary Surveillance and Administrative Litigation Courts, of the judicial district of Madrid, to the entire area of the Autonomous Community.
The Criminal and Social Courts of Alcalá de Henares, to the judicial districts of Torrejón de Ardoz, Alcalá de Henares, Coslada and Arganda del Rey.
The Criminal Courts of Móstoles, to the judicial districts of Navalcarnero, Móstoles, Alcorcón and Fuenlabrada.
The Criminal Courts of Getafe, to the judicial districts of Aranjuez, Leganés, Getafe, Parla and Valdemoro.

JUDICIAL PARTIES OF THE COMMUNITY OF MADRID:

No. 1. Torrelaguna

No. 2. Torrejon de Ardoz

No. 3. Navalcarnero

No. 4. Alcala de Henares

No. 5. Alcobendas

No. 6. Mostoles

No. 7. San Lorenzo de El Escorial

No. 8. Aranjuez

No. 9. Leganes

No. 10. Getafe

No. 11. Madrid

No. 12. Majadahonda

No. 13. Coslada

No. 14. Arganda del Rey

No. 15. Collado-Villalba

No. 16. Parla

No. 17. Alcorcon

No. 18. Fuenlabrada

No. 19. Old Colmenar

No. 20. Valdemoro

No. 21. Pozuelo de Alarcon

Court Orders

The ordinary jurisdiction, within the framework of the Spanish judicial organization, is structured around four jurisdictional orders: civil, criminal, contentious-administrative and social.

CIVIL: Resolves claims between individuals and all issues that are not attributed to another jurisdictional order.

In the area of the Community of Madrid, they know of the civil order:

The Courts of 1st Instance

The Commercial Courts

The Civil Sections of the Provincial Court

The Civil Chamber of the Superior Court of Justice

PENAL: Investigates and punishes crimes and misdemeanors defined in the Penal Code.

In the area of the Community of Madrid, they know of the criminal order:

The Courts of Instruction
The Criminal Courts
The Penitentiary Surveillance Courts
The Juvenile Courts
The Courts of Violence against Women
The Criminal Sections of the Provincial Court
The Criminal Chamber of the Superior Court of Justice

SOCIAL: Resolves conflicts between workers and employers and claims regarding Social Security.

In the area of the Community of Madrid, they know about the social order:

The Social Courts
The Labor Chamber of the Superior Court of Justice

CONTENTIOUS-ADMINISTRATIVE: Resolves claims between individuals and Public Administrations.

In the area of the Community of Madrid, they know of the contentious-administrative order:

The Contentious-Administrative Courts
The Contentious-Administrative Chamber of the Court

Judicial Bodies

Depending on their composition, the judicial bodies are grouped into: collegiate bodies and individual bodies.

Collegiate bodies: They are those formed by Chambers or Sections made up of several Magistrates, one of whom assumes the presidency of each Chamber or Section, without prejudice to the Presidency of the Tribunal or Hearing in question.
One-person bodies: They are those in which there is only one titular Judge or Magistrate.

Peace Courts

There is a Justice of the Peace in those municipalities where there is no Court of First Instance and Instruction. Its jurisdiction extends to that municipality.

The Community of Madrid has provided all Justices of the Peace with a population of more than 7.000 inhabitants, with personnel at the service of the Administration of Justice.

The Justice of the Peace does not belong to the judicial career, but he does have jurisdictional functions, resolving minor civil matters. The Peace Courts also fulfill the functions of the Civil Registry.

Previously, they also resolved criminal matters of less relevance, but, as of July 1, 2015, they have ceased to have jurisdiction in criminal matters after the suppression of the offenses of the Penal Code.

The Community of Madrid has 158 Peace Courts.

Unipersonal bodies

They are those in which there is only one Judge or Magistrate

Courts of First Instance Courts of Instruction. Courts of 1st Instance and Instruction Commercial Courts Criminal Courts Juvenile Courts Courts of Violence against Women Administrative Litigation Courts Social Courts Penitentiary Surveillance Courts

They have jurisdiction in the judicial district where they are located. They hear civil claims between individuals and appeals against the Peace Courts.

The Judge of first instance is in charge of the Civil Registry, where the annotations are made and birth, death, nationality, marriage, etc. are registered.

In judicial districts with several Courts of First Instance, one of them assumes the functions of Civil Registry, except in Madrid, where the service is provided by the Single Civil Registry.

The Community of Madrid has 130 Courts of First Instance, some of them specialized in specific subjects, such as:

Family
Capacity of persons and guardianships
mortgage matters
Award and Arbitration

Their jurisdiction extends to the judicial district in which they are located. They investigate crimes and their presumed culprits, except those that are the responsibility of the Courts of Violence against Women.

They hold trials for minor crimes, execute their sentences and, in certain cases, dictate what are called consent sentences in some crimes.

The Investigating Courts on duty are in charge of collecting complaints and carrying out urgent actions, then forwarding them to the competent Investigating Courts. In addition, they carry out the necessary actions to hold fast criminal trials.

When, as occurs in the Community of Madrid, there are several Investigating Courts in each judicial district, they take turns in carrying out shifts, and there are calendars that determine which Investigating Courts will act as Duty Courts each day. of the year.

The Community of Madrid has 80 Courts of Instruction.

The Courts of First Instance and Instruction have jurisdiction in the judicial district in which they are located and jointly assume the functions of the Courts of First Instance and the Courts of Instruction.

When the number of Courts of 1st Instance and Investigation of a judicial district so advises, the separation between Courts of First Instance and Courts of Investigation can be established.

The Community of Madrid has 92 Courts of 1st Instance and Instruction

They are located in Madrid capital and extend their jurisdiction to the entire Community of Madrid.

They know of:

Bankruptcy issues, including issues that affect employment contracts.
Civil issues of unfair competition, industrial property, intellectual property and advertising.
Claims in the field of transport, promoted under national or international regulations.
Claims related to Maritime Law.

The Community of Madrid has 12 Commercial Courts.

They hold trials for crimes whose sentence does not exceed 5 years in prison and execute the penalties, measures and civil indemnities that they impose, except in the case of the Criminal Courts of Madrid, in which the execution is carried out by the Criminal Courts of Final Executions that are dedicated solely to that purpose.

Likewise, the Criminal Courts of the capital of Madrid5 are specialized in holding trials on gender-based violence whose sentence does not exceed five years in prison.

In the Community of Madrid, there is a total of 54 Criminal Courts whose jurisdiction extends to several judicial districts:

The 37 Criminal Courts based in the capital Madrid have jurisdiction in the judicial districts of Madrid, Torrelaguna, Alcobendas, San Lorenzo de El Escorial, Majadahonda, Collado Villalba, Colmenar Viejo and Pozuelo de Alarcón.
The 6 Criminal Courts of Alcalá de Henares, based in this town, have jurisdiction in the judicial districts of Alcalá de Henares, Torrejón de Ardoz, Coslada and Arganda del Rey.
The 5 Criminal Courts based in Getafe have jurisdiction in the judicial districts of Getafe, Aranjuez, Leganés, Parla and Valdemoro.
The 6 Criminal Courts based in Móstoles have jurisdiction in the judicial districts of Móstoles, Navalcarnero, Alcorcón and Fuenlabrada.

They deal with crimes and misdemeanors committed by minors, those over 14 and under 18.

These Courts apply preventive-special measures, aimed at the re-education and the best interests of minors, in accordance with the Law on Criminal Responsibility of Minors.

The Community of Madrid has 7 Juvenile Courts, all of them with headquarters in Madrid capital, extending their jurisdiction to the entire Community.

In the Community of Madrid, the Courts for Violence against Women have jurisdiction in the judicial district to which they belong.

They are assigned the following functions:

In the criminal order:

They are aware of the investigation of certain crimes committed against whoever is or has been a wife, or woman, linked to the perpetrator by a similar affective relationship, even without cohabitation, or against some members of the family group when gender violence has also occurred.

They decide on the adoption of protection orders for victims in cases of gender violence, without prejudice to the powers attributed to the Duty Court.

They hold misdemeanor trials and carry out their sentences.

In the civil order:

They deal with certain matters related to the family sphere (separation or divorce, guardianship and custody of children, alimony claims, etc.) linked to situations of gender violence.

In those districts where there are no Courts for Violence against Women with exclusive jurisdiction, only one of the existing Courts of First Instance and Investigation or Investigation assumes its functions.

The Community of Madrid has 23 Courts for Violence against Women with exclusive jurisdiction.

The Contentious-Administrative Courts of the judicial district of Madrid, extend their jurisdiction to the entire territorial scope of the Community of Madrid.

They know:

In sole or first instance of the appeals filed against:

The acts of local entities.

Certain administrative acts of the Autonomous Communities, unless they come from their Governing Council.

Provisions and acts of the Peripheral Administration of the State and the Autonomous Communities.

Of the resolutions issued in matters of immigration and authorizations for entry into homes.

The Community of Madrid has 34 Contentious-Administrative Courts.

They hear in a single instance of conflicts between workers and their companies and of claims to Social Security or against the State, except for those matters that are the responsibility of the Social Chambers of the Superior Courts of Justice, of the Social Chamber of the National High Court and the Social Chamber of the Supreme Court.

The Community of Madrid has 43 Social Courts, located in the judicial districts of Madrid and Móstoles:

The Labor Courts of the judicial district of Móstoles extend their jurisdiction to the judicial districts of Navalcarnero, Alcorcón and Fuenlabrada.

The Social Courts based in the judicial district of the capital Madrid extend their jurisdiction to the rest of the Community of Madrid.

They control the execution of custodial sentences and security measures, resolving the claims of inmates in the penitentiary centers located in the Community of Madrid, controlling the disciplinary power of the penitentiary authorities.

The Community of Madrid has 6 Penitentiary Surveillance Courts, with headquarters in Madrid capital and that extend their jurisdiction to the entire Community.

Collegiate bodies

They are those formed by Chambers or Sections made up of several Magistrates, one of whom assumes the presidency of each Chamber or Section, without prejudice to the Presidency of the Court or Hearing in question.

high Court of Justice

It is the instance of superior hierarchy in the Community of Madrid with jurisdiction throughout its territory and headquarters in Madrid capital. It is made up of three rooms:

Civil and Criminal Chamber:

In the civil order knows:

Of the resources established in the law against resolutions of judicial bodies of the civil order.

Of the functions of support and control of the arbitrations.

Of civil liability claims against certain regional officials or Magistrates for acts committed in the exercise of their respective positions.

In the criminal order:

Appeals against some resolutions of the Provincial Court.

It is in charge of investigating and prosecuting crimes committed by Judges, Magistrates, members of the Public Prosecutor's Office and certain autonomous authorities, in the exercise of their duties in the Autonomous Community.

Contentious-Administrative Chamber:

It hears of appeals against acts and general provisions of the Autonomous Administration, local entities and some of the General State Administration.

They resolve appeals against resolutions of the Contentious-Administrative Courts.

Social Room:

Resolves appeals against the resolutions of the Social Courts.

Hears in sole instance disputes that affect the interests of workers and employers in a field higher than that of a Labor Court and not higher than that of the Autonomous Community.

Provincial Court of Madrid

It has its headquarters in Madrid capital and its competence covers the entire territory of the Community of Madrid. It's integrated by:

15 Civil Sections: They resolve the resources formulated against:

The Courts of First Instance,
The Commercial Courts, except bankruptcy incidents in labor matters,
The Courts of Violence against Women (in civil matters).

5 Penal Sections: They hear crimes punishable by more than 5 years, and those corresponding to the Law of the Jury Court. They resolve the appeals against:

The Criminal Courts,
The Courts, of Instruction,
The Juvenile Courts,
The Courts of Violence against Women (in criminal matters),
The Penitentiary Surveillance Courts.