Perspectivas y noticias sobre derecho penal
Delving into the intricacies of Spain's legal landscape, this comprehensive exploration unveils an array of strategic defenses within the criminal procedure domain. Accomplished criminal lawyers adeptly navigate these strategies to safeguard client rights and interests. From the audacious denial of facts to the pursuit of resolution agreements, this discourse examines seven strategic maneuvers employed in Spanish criminal proceedings. The text underscores how these approaches, tailored to each case's nuances, ensure equitable trials and uphold accused rights. The careful selection of the optimal strategy, dependent on evidence evaluation, legal principles, and client objectives, culminates in the pursuit of optimal legal outcomes.
The National High Court is one of the most important jurisdictional bodies on the Spanish judicial scene, especially in the criminal field. Based in Madrid, but with jurisdiction throughout the national territory, this court is entrusted with the investigation and prosecution of crimes of special gravity, complexity and social or international repercussions.
A team member has published an article in a socially important newspaper on the topic of consent in sexual assault crimes. The article discusses the new Organic Law 10/2022 of September 6, 2022, which provides comprehensive protection for sexual freedom, and questions whether it addresses credibility issues faced by victims of sexual assault.
Article 324 of the Criminal Procedure Code, amended by Law 41/2015, establishes a twelve-month time limit for the criminal investigation phase, with the possibility of extensions based on a reasoned judicial decision. Its purpose is to ensure a faster and more efficient justice system while balancing the needs of the investigation with the rights of the defendant. However, non-compliance with this time limit has led to controversies in the case law, especially regarding the procedural consequences and the validity of actions carried out outside the prescribed time limit. The recent judgment STS 1046/2024 delves into these issues, making distinctions between ordinary and instrumental measures and flexibilizing the system of time limits, which has sparked criticisms concerning the effectiveness of time control and respect for fundamental rights.
In Spain's evolving legal landscape, criminal cases are experiencing a significant increase. This blog provides an insightful overview of the current trends in criminal litigation in Spain, drawing on recent statistics and studies
The recent decision of the Second Chamber of the Supreme Court, in which the Honourable Ms. Carmen Lamela Díaz intervenes as rapporteur, addresses an issue of great relevance and complexity: the jurisdiction of Spanish courts in cases of international child abduction. This analysis details the key points of the judgment, emphasising both the guidelines of Spanish criminal law and the European regulations governing jurisdiction in these cases.
This legal analysis reviews the Supreme Court ruling of 18 July 2024 on the mitigating circumstance of undue delay in a case of continuous fraud. The judgment examines the requirements for applying this mitigating factor, such as the extraordinary delay and the non-imputability of the defendant in the delay. Despite the ten-year delay, the Court concluded that the complexity of the case and the dilatory manoeuvres of the defendants justified the prolongation of the proceedings, so that the mitigating factor was not applied in a highly qualified manner.
Supreme Court Ruling 782/2024 analyses whether the defendant's right to defence includes testifying last at trial. Although the defence requested it, the Court clarified that article 701 of the Criminal Procedure Act does not guarantee this right absolutely, but allows flexibility in the order of evidence. The Court concludes that the refusal to allow such a final statement does not violate the right of defence, as the accused retains the last word at the close of the trial, which protects his rights. Moreover, the principle of equality of arms is preserved, as both parties have the same procedural opportunities to present their case.
The Supreme Court Judgment 317/2025 of April 3, establishes a flexible interpretation of article 324 of the Criminal Procedure Law, amended by Law 2/2020, of July 27. It addresses the legal value of investigative measures carried out outside the maximum legal period, distinguishing between formal irregularity, relative invalidity and violation of fundamental rights. The Second Chamber holds that the practice of procedural actions outside the legal term does not necessarily generate nullity, unless it causes a lack of defense or substantial impairment of the right of defense, especially in the case of the late imputation of the investigated.
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