Why doesn't Spain use juries in trials?

In many countries, trial by jury is a common way of resolving legal matters and coming to a sentencing decision. In Spain, however, this is not the case. Or rather, this is very rarely the case.

In fact, only a tiny percentage of legal cases are resolved by juries in Spain -- less than 0.1 percent of all trials.

Jury trials were first established in Spain in 1995 for some specific criminal matters, and are regulated by law, so why do so few trials here use them?

Why doesn't Spain use juries in trials?

Much of this boils down the types of crimes and trials that use juries.

A jury (jurado in Spanish) is only used in criminal trials held in provincial courts involving very specific sorts of cases. These generally include alleged crimes against human life, various crimes committed by public officials, crimes against privacy and the home, and crimes against the environment.

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In what types of trials are juries used?

The specific law on this, Spain's Organic Law 5/1995, details the specific crimes that can have trials by jury:

• Murder
• Crimes of threats
• Not fulfilling a legal duty to give assistance
• Burglary
• Stealing, destroying, or concealing public documents
• Bribery
• Influence peddling
• Embezzlement of public funds
• Fraud and extortion

However, where we really get the answer to our question is that the vast majority of jury trials are used in murder cases, something rare in Spain. According to INE, Spain's national statistics body, the murder rate in Spain is just 0.7 murders per 100,000 people. That works out to a rough annual average of around 300 per year during the 2010s and 2020s, and the number fluctuates around the number depending on the year.

According to UN data, in 2020 Spain had the sixth lowest murder rate of 30 European countries. 

When you consider that there are very few murders in Spain, and the sheer number of criminal cases in Spain more generally, the 0.1 percent statistic begins to make a little more sense. If the majority of jury trials are for murders and murders are rare in Spain, logically, so too are trials by jury.

How are juries made up in Spain?

Juries in Spain are made up of a magistrate, 9 jurors and 2 alternatives or substitute jurors.

What do juries do?

Like elsewhere in the world, juries in Spain essentially issue a verdict on the case in question, based only on the evidence presented to them during the trial and nothing else.

In Spain, the jury must determine whether the accused is guilty or not guilty, that is, it very rarely decides the type of sentence or length of it because that is the duty of the judge.

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What are the legal requirements to be a juror in Spain?

To be a jury member you must:

• Be Spanish national older than 18.
• Have the ability to read and write.
• Be registered and living in any of the town districts of the province where the crime was committed.
• Have the physical and mental capacity to perform your duties.
• Not have any convictions, have ongoing legal disputes, or previously have been in prison.

Can I excuse myself from jury duty in Spain?

According to the law, there are several circumstances in which those called up for jury service can excuse themselves. They include:

• Those over sixty-five years old.
• Those who have performed jury duty within four years preceding the day of their new duty.
• Those who cannot do their duty due to family commitments.
• Those who live abroad.
• Active military professionals for reasons of service.
• Those who can justifiably prove any other reason that makes it difficult or impossible for them to do their jury duty.