Insights and News on Criminal Law
On 5 September we participated in what Act 1/2025 on Procedural Efficiency has denominated a preliminary hearing, a procedural act held prior to the oral trial intended to resolve procedural issues, analogous to the pre-trial hearing in civil proceedings.
The ruling of the Supreme Court 737/2018 addresses an increasingly relevant issue in criminal law and the liability of legal persons: the delimitation of the effects of a compliance program in relation to civil liability ex delicto.
The devastating wave of wildfires during the summer of 2025 has reignited a profound legal and political debate: can criminal liability be imposed upon public authorities who, despite having clear statutory duties of prevention, fail to comply with them?
The recent enactment of Organic Law 1/2025, of 2 January, on Measures to Improve the Efficiency of the Public Justice Service (hereinafter, OL 1/2025), introduces for the first time into Spanish criminal law an explicit provision for alternative mechanisms for the resolution of criminal disputes. This is done through Additional Provision Nine, which regulates restorative justice as a voluntary, confidential, and cost-free mechanism for resolving criminal conflicts, even allowing for the dismissal or discontinuance of proceedings in certain cases following an agreement between the parties. This development, inspired by established practices in civil matters such as mediation and arbitration (extrajudicial procedures designed to prevent excessive litigation), raises questions regarding its true effectiveness and scope within the criminal process. Does this reform constitute a substantive change? Does it imply a diversion from or a complement to the judicial function?
Choosing a criminal lawyer is crucial in any criminal proceeding, as it can determine the outcome of the case. It is important to find a lawyer with experience and skills in the relevant area of law, as well as a solid reputation. Local judicial experience, negotiation and litigation skills, communication in your language, costs, and personal compatibility are also key factors to consider when making this important decision.
Judgment 172/2022 of the Second Chamber of the Spanish Supreme Court reviews and annuls a conviction imposed on a physiotherapist for sexual abuse of a minor. The conviction had previously been upheld both at first instance by the Audiencia Provincial de Las Palmas and on appeal by the Tribunal Superior de Justicia de Canarias. In both instances, the sole evidentiary basis accepted as sufficient was the victim’s statement, rendered years after the alleged facts and lacking any supporting corroborative evidence. The Supreme Court, however, upheld the appeal in cassation filed by the defense, holding that the conviction violated the fundamental right to the presumption of innocence, since the only evidence relied upon did not meet the minimum requirements established by case law to sustain a conviction in the absence of external corroboration.
The irruption of generative artificial intelligence has radically transformed the digital environment, offering new opportunities in sectors such as education, art, and medicine. Nevertheless, its misuse has given rise to unprecedented forms of aggression and manipulation, most notably deepfakes, falsified audiovisual content created through advanced artificial intelligence techniques that allow for identity impersonation with an alarming degree of realism.
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