Einblicke und Neuigkeiten zum Strafrecht
What happens if you are accused of rape? What to do and what not to do with the police during the arrest? What are your rights during your detention? Is it a good idea to talk to the victim? Why should you hire an experienced sexual assault lawyer if you have been accused of rape? What are we going to do to prove your innocence? These are some of the most searched questions related to this scenario.
Spain passes Law 2/2023, implementing the EU Whistleblower Directive, to protect individuals who report violations of EU and Spanish regulations by companies, and to encourage a culture of information-sharing to prevent harm to public interest. Large companies must have an internal whistleblowing system in place by June 13, 2023, while smaller ones have until December 1, 2023. The law covers whistleblowers from both public and private sectors, as well as those who have professional or employment ties with them.
The following text focuses on the European Arrest Warrant (EAW), which establishes both mandatory and optional reasons for the refusal to surrender a person to another country. The mandatory grounds for refusal include pardon, acquittal, minority, prescription, and immunity, while the optional grounds include lis pendens, nationality or residence with family or economic ties, among others. Furthermore, although not considered explicit grounds, the CJEU has recognized the possibility of invoking the risk of inhuman and degrading treatment or the violation of fundamental rights. It is essential to know these grounds for refusal to ensure respect for fundamental rights in the European context.
Corporate criminal liability is an increasingly important topic in modern criminal law. In the past, companies were not considered liable for committing crimes, as only individuals could be held responsible. However, many jurisdictions, including the European Union and the United States, have implemented laws that allow companies to be penalized for criminal actions. This change in the law has been motivated by corporate scandals in recent decades, which have demonstrated that a lack of corporate criminal liability can lead to a culture of impunity and corruption. The corporate criminal liability model is based on the idea of self-responsibility, which means that the company is responsible for its own crime, whether of mere activity or passivity, and is distinct from individual crime. To hold a company responsible for a crime, it must be shown that the company's organization or structure favored the commission of the crime and that the crime was committed in the course of the company's activities, for its direct or indirect benefit. Companies can avoid criminal liability by taking preventive measures and collaborating in investigations.
Ein Mitglied des Teams hat einen Artikel zum Thema Einwilligung bei sexuellen Übergriffen in einer Zeitung von großer gesellschaftlicher Bedeutung veröffentlicht. Der Artikel bezieht sich auf das neue Organische Gesetz 10/2022 vom 6. September über umfassende Garantien der sexuellen Freiheit und hinterfragt, ob es die Glaubwürdigkeitsprobleme des Opfers bei sexuellen Übergriffen löst.
Jorge Agüero Lafora participated in an important trial at the Audiencia Nacional, defending the only accused of a terrorist murder crime. The defense argued that the client was not involved in the crime, and that the Spanish court did not have jurisdiction as the crime was committed abroad and had no connection to the Spanish state. Additionally, it was argued that the interpretation of the terrorist crime used in the case was against the principle of legality.
In Spain, companies can be held responsible for crimes committed by their employees in the course of their work if the actions were intended to benefit the company. Companies can be charged with various criminal offenses, including fraud and corruption, and may face fines, asset confiscation, and other penalties if found guilty. To prevent criminal liability, companies should implement compliance programs, including training, policies, and reporting systems, to prevent illegal or unethical behavior. It is important for companies to be aware of their potential criminal liability and to seek legal assistance to ensure compliance with the law.
Spain has implemented new regulations to protect whistleblowers, or individuals who report wrongdoing within their organizations. These regulations cover both the public and private sector and protect whistleblowers from retaliation. Employers are required to have internal procedures in place for handling whistleblowers' reports and must inform employees of these procedures. Whistleblowers who face retaliation can seek legal remedies and employers who retaliate may face fines. These regulations aim to promote transparency and accountability in Spanish organizations.
A person detained or arrested in Spain has the right to be informed of the reasons for the arrest, to remain silent, to have legal counsel present, to communicate with consular authorities (if a foreign national), to be brought before a judge within 72 hours, and to be treated with dignity and respect. It is important to contact a criminal lawyer for legal assistance and representation if you are under arrest. Do not hesitate to exercise your rights and seek legal aid if necessary. Criminal lawyer 24/7
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