Insights and News on Criminal Law
Behind Spain’s prison walls lies a complex balance between discipline and rehabilitation. This article explores the evolution of Spain’s penal system, from medieval confinement to modern reforms emphasizing inmate rights and reintegration. With over 50,000 inmates, the system includes open and closed facilities, structured daily routines, and robust educational and vocational programs aimed at reducing recidivism. Discover how historical legacies, legal protections, and innovative initiatives shape life behind bars—and what Spain’s evolving approach says about justice in a modern society.
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.
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.
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.
Last week, we attended an interesting session organized by the American Club of Madrid on financial planning for U.S. expatriates in Spain. In the context of growing uncertainty in the U.S. regarding fiscal policy and investment regulations, it was clear that many attendees were seeking more clarity on managing their finances between two countries. The panel shared practical recommendations on how to avoid banking fees, conduct international transfers securely, and understand the Spanish tax system, providing valuable insights for those navigating the complex financial landscape of 2025.
On April 3, 2025, the Central Court of Instruction No. 005 of the National Court issued an order that archived an extradition procedure opened against our client, representing a new success story for our firm.
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.
If you are aware of or suspect that an Interpol Red Notice has been issued against you, it is crucial to act swiftly. In this article, we explain how to cancel an Interpol Red Notice, what rights you have, and how Fukuro Legal, a law firm specializing in international criminal law, can assist you.
The regulation of technological investigation measures in the Criminal Procedure Act (LECrim) is found in Articles 588 bis and following, up to Article 588 octies. The reform introduced by Organic Law 13/2015, of October 5, represented a significant advancement in the regulation of these measures, establishing a regulatory framework that ensures a balance between crime prosecution and the protection of fundamental rights. The purpose of these provisions is to regulate the use of advanced technologies in criminal investigations, ensuring compliance with the principles of specificity, suitability, exceptionality, necessity, and proportionality. These principles serve as essential pillars to prevent abuses in the interception of electronic devices and other forms of technological surveillance.
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