Article 14 of the Spanish Constitution establishes that Spaniards are equal before the law. However, there is an exception to this principle of equality: certain types of people, due to the function they perform, must be judged by a different court than the one that would correspond to them. Objective jurisdiction is altered.
We are talking about the figure of the privileged person . The privileged job seekers database person is a person who holds a public office, job or position and in the case of being charged with a crime, he will be judged by a different court than the one that would correspond to him if he were an ordinary citizen. It is not established as a privilege but to guarantee the free and independent development of the public function. In other words, the privilege has to do with the public function that the exercise of the office entails and not with the privileged person.
They are usually tried by a higher court, which restricts the right to appeal against a sentence. For example, if they have been tried by the Supreme Court, they cannot exercise the right to appeal to a higher court because it does not exist. Unless there has been a violation of fundamental rights, in which case they can appeal to the Constitutional Court.
The Civil and Criminal Division of the High Court of Justice: will hear criminal proceedings established by the Statutes of Autonomy; the investigation and ruling on cases against judges, magistrates and members of the Public Prosecutor's Office for crimes committed in the exercise of their duties in the Autonomous Community. They also have jurisdiction to prosecute regional deputies and members of the regional government when the crime is committed in the territory of the Autonomous Community.
The Special Chamber of the Supreme Court: will be in charge of the investigation and prosecution of cases against the Presidents of the Chamber or against the Magistrates of a Chamber, when all or most of those who constitute it are tried (article 61 LOPJ)
The Civil and Criminal Chamber of the Supreme Court: instruction and prosecution of the Presidents of the Congress, Senate, Supreme Court and General Council of the Judiciary, members of the Government, etc. (article 56 and 57 LOPJ). They will also hear the proceedings and prosecution of criminal actions directed against the Queen consort or the Queen's consort, the Princess or Prince of Asturias and their consort, as well as against the King or Queen who has abdicated and their consort (article 55 bis LOPJ)
The supplication
Article 71 CE recognizes the right to immunity and in its second section establishes: "They may not be charged or prosecuted without the prior authorization of the respective Chamber ."
That is, they have an additional plus of protection. In order to proceed against a deputy or a senator at a national level, the Court must request a request from the Senate or Congress.
The petitions must first pass through the Chambers' Boards. Within a period of 5 days, they must be sent to a commission for a report to be drawn up within a period of 30 days. The report is then submitted to the first plenary session for a vote. The vote is held behind closed doors and the vote is secret.