Insights and News on Criminal Law
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?
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.
his blog post breaks down the complexities of warrants under Spanish law, making the topic accessible to legal professionals, students, and curious readers alike.
VAT carousel fraud is one of the most complex and harmful forms of tax evasion within the European Union, characterized by the creation of fictitious corporate structures that enable tax evasion through simulated intra-community transactions.
Facing an arrest in a foreign country like Spain can be a daunting experience. However, by staying informed, understanding your rights, and seeking legal representation, you can navigate the process with confidence.Remember to assert your rights, remain calm and composed, and cooperate with the authorities within reason. Contact your embassy or consulate for assistance, and consult with an experienced attorney to guide you through the Spanish legal system.By taking proactive steps and staying informed, you can protect your rights, maximize your chances of a favorable outcome, and ensure a fair legal process.
Ever wondered how Spain handles extradition requests from foreign countries? Dive into the 1985 Passive Extradition Law! It lays out the roadmap, emphasizing reciprocity with other nations. While the process seems straightforward – from a formal request to a review – there are clear safeguards. Individuals can tap into rights like legal representation, and if things go south, there's always the Spanish Constitutional Court for recourse.
The European Arrest Warrant (EAW) is a crucial tool for cross-border criminal justice in the EU, outlining mandatory and optional grounds for refusing extradition. In the context of an arrest warrant in Spanish law, these grounds ensure the protection of fundamental rights. The CJEU also recognizes non-explicit grounds, such as the risk of inhuman treatment, which can be invoked in specific cases. Adhering to procedural deadlines is essential to uphold justice and avoid unnecessary delays in the extradition process.
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