Einblicke und Neuigkeiten zum Strafrecht
In Judgment 86/2025, the Spanish Constitutional Court upheld an amparo appeal filed by a detainee whose habeas corpus application had been dismissed without a prior hearing or direct judicial verification. The applicant had been arrested under a police warrant for alleged theft and membership in a criminal group, but was denied access to the essential elements of the police report. The Court found a violation of the fundamental right to personal liberty enshrined in Article 17 of the Spanish Constitution, both in terms of the lack of information concerning the grounds for detention and the absence of effective judicial control through the habeas corpus procedure.
Supreme Court Ruling STS 592/2021 addresses the issue of individual criminal liability in the context of violent collective actions. This problem arises when a group conduct causes harmful results (injuries, homicides, damage) and it is not possible to precisely attribute which specific action caused the specific damage. In this case, a violent demonstration culminated in a group of people throwing objects at police officers, resulting in injuries to two of them. The defendant was convicted under the principle of shared responsibility, despite the fact that it could not be proven that the objects she threw directly hit the injured officers.
In Judgment STS 42/2025, the Spanish Supreme Court examines the interpretation of the offense of false crime simulation, as regulated under Article 457 of the Spanish Penal Code. The case in question analyzes whether a false report filed with the National Police, without attributing authorship and which did not lead to judicial proceedings, falls within the scope of the criminal offense or, conversely, is excluded due to the absence of a genuine disruption to the administration of justice. The High Court concludes that in such cases, false crime simulation cannot be deemed to have occurred, as the legally protected interest—the proper administration of justice—has not been genuinely affected. This doctrine is based on a restrictive interpretation of Article 457 of the Penal Code, in light of Article 284.2 of the Criminal Procedure Act, which allows the police to file reports without forwarding them to the court in cases where no suspect is identified.
The Constitutional Court's judgment addresses a case of infringement of the right to a trial without undue delay due to the excessive delay in holding a trial, set for three and a half years after the admission of the lawsuit. Although the delays were attributed to structural causes of the judicial system, the Court concludes that such circumstances do not justify the infringement of a fundamental right. Furthermore, it establishes that this type of delay, as a manifestation of the abnormal functioning of the Administration of Justice, entitles the citizen to claim compensation from the State, all in accordance with article 121 of the Spanish Constitution. This ruling reinforces the protection of fundamental rights and highlights the State's responsibility to guarantee efficient justice and to repair the damages derived from its deficiencies.
Supreme Court Ruling 224/2024 focuses on a case involving an alleged bank mule and establishes key criteria for assessing the criminality of offenses such as money laundering and fraud in similar situations. The ruling provides tools to build solid defenses in cases where the defendant has acted with recklessness or partial ignorance, but without direct or eventual malice. This analysis delves into the implications of this ruling and its relation to defense strategies in cases involving bank mules.
Criminal Court No. 6 of Almería acquitted our clients, two German nationals, who had been charged with attempted theft with force from a vehicle. Our defense strategy revealed serious procedural violations, including the absence of interpreter assistance and improper service of trial notice. Through a precise and effective cross-examination, we undermined the credibility of the sole incriminating witness by exposing material contradictions. The court’s ruling reaffirmed the presumption of innocence and highlighted the importance of an active and technically sound defense from the earliest stages of criminal proceedings.
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