Insights and News on Criminal Law
Article 20.4 of the Spanish Criminal Code governs self‑defence, requiring (1) an unlawful attack, (2) the rational necessity of the means employed, and (3) absence of sufficient provocation. Jurisprudence demands rationality in the defensive means and excludes self‑defence where there is excessive force or duration of the response. In the Torrejón case, an off‑duty police officer asphyxiated a subdued thief. The conduct was excessive and unjustified, thereby precluding the application of self‑defence. Spanish criminal law prioritizes life over property and restricts defensive violence.
At FukuroLegal, we successfully secured the revocation of our client’s pretrial detention, who had been accused of aiding in the abduction of her granddaughter. The Provincial Court of Huesca upheld our appeal, ruling that there was insufficient evidence to justify the measure and opting for less restrictive precautionary measures. This decision reaffirms the principle of proportionality and safeguards her right to liberty. At FukuroLegal, we remain committed to defending fundamental rights.
When facing legal challenges, hiring a Spanish-speaking criminal defense attorney is a crucial step to ensure effective communication and cultural understanding in your legal defense. Overcoming language barriers and leveraging cultural nuances can significantly impact the outcome of your case, ensuring a fair trial and a strong defense strategy.By considering fluency in both English and Spanish, legal expertise, cultural understanding, and track record when hiring an attorney, you can make an informed decision that aligns with your specific needs. Remember to ask the right questions, establish open communication, and dispel any misconceptions surrounding the hiring process.In your search for a Spanish-speaking criminal defense attorney, utilize referrals, online directories, legal aid organizations, and bar associations to find qualified attorneys. Take the time to thoroughly research and interview potential attorneys to ensure the best possible representation.With a Spanish-speaking attorney by your side, you can navigate the legal system with confidence, knowing that you have effective communication and cultural understanding in your legal defense.
This blog post titled provides a comprehensive overview of the legal intricacies involved in extradition cases from Spain. It discusses the critical aspects of extradition, including the necessity of understanding bilateral treaties, international law compliance, and the procedural steps required for a valid extradition process. Extradition is defined as the process of transferring individuals between countries to face criminal charges or serve sentences, heavily reliant on existing treaties and agreements that outline conditions, offenses eligible for extradition, and procedural necessities, while emphasizing human rights protection and the principle of dual criminality. Spain’s legal system, governed by the Spanish Constitution and the Extradition Act of 1985, mandates that extradition is permissible only for offenses punishable by at least one year of imprisonment and requires that the offense be recognized as criminal in both Spain and the requesting country. Certain conditions, such as political offense exceptions and risks of torture, may serve as grounds for refusing extradition requests. The process within Spain involves several stages, starting with the submission of a request by a foreign country, followed by a thorough evaluation by Spanish authorities to ensure compliance with treaties and human rights considerations, and culminating in a court decision subject to government approval. Individuals facing extradition encounter various challenges, including language barriers, unfamiliarity with the Spanish legal system, limited access to legal representation, and the emotional and psychological impact on their personal and family life. The post also highlights high-profile extradition cases, such as Julian Assange’s and Ali Rizk’s, to illustrate the complexities and legal arguments that can arise. Additionally, it discusses the role of international organizations like Interpol and the European Union in facilitating and overseeing extradition processes, emphasizing adherence to human rights standards. For those facing extradition from Spain, legal assistance and exploring defense options, including challenging the extradition request on various grounds and seeking support from diplomatic channels and human rights organizations, are emphasized as crucial steps.
The principle of reformatio in peius is a fundamental procedural guarantee in Spanish criminal and procedural law. It is a limitation imposed on courts to prevent the outcome of an appeal from resulting in a more detrimental situation for the appellant when there is no challenge from the opposing party. This principle protects the right to a defense and ensures procedural stability in judicial proceedings. The rationale behind this principle lies not only in the protection of the appellant but also in ensuring predictable and equitable justice. If courts were allowed to worsen the situation of the appellant without any appeal from the opposing party, it would create a deterrent effect on the right to appeal, negatively affecting access to justice.
Discover how Spain is confronting rising crime rates and evolving legal challenges in our latest blog post. We delve into the significant legal reforms Spain has implemented, especially in combating domestic violence and cybercrime, and how these efforts are reshaping the criminal justice landscape. Learn about Spain's proactive approach to legal adaptation, its focus on human rights, and the implications for global criminal law practices. Join us in exploring how Spain's legal system is evolving to meet modern-day challenges and setting an example for the rest of the world.
Spain's extradition process involves complex legal procedures and international cooperation, with specific laws ensuring the protection of human rights. Individuals under arrest in Spain for extradition have the right to legal representation, consular assistance, and a fair hearing. The European Arrest Warrant is significant in EU extradition cases, outlining mandatory and optional grounds for refusal. Expert legal representation is crucial for navigating these challenges and protecting one's rights throughout the process in Spain.
At Fukuro Legal, we are pleased to share that our managing partner, Jorge Agüero Lafora, has been recognized by Leaders in Law as the exclusive expert in White Collar Crime for Spain.
Lawyerpress, a well-known platform within the legal community, has interviewed our managing partner, Jorge Agüero Lafora, to discuss the growth and vision of FukuroLegal, a law firm specializing in Criminal Law with an international focus.
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