Insights and News on Criminal Law
Judicial cooperation in criminal matters within the European Union has evolved to address transnational crime. In this context, Joint Investigation Teams (hereinafter, JITs) have emerged as an effective alternative to traditional letters rogatory, enabling direct collaboration between authorities from different Member States in complex criminal investigations. Simultaneously, the European Investigation Order (hereinafter, EIO) and Eurojust play a key role in optimizing judicial cooperation, facilitating evidence exchange and coordination between European prosecutors and courts. This article examines the replacement of letters rogatory by JITs and the EIO, as well as the relevance of Eurojust in coordinating transnational criminal investigations, with reference to relevant case law.
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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.
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.
The system of appeals in Spanish criminal procedure is structured around the possibility of reviewing decisions issued by Investigating Courts through an appeal before the Provincial Courts. The purpose of this process is to ensure the correct application of the law, safeguard the right to effective judicial protection, and correct potential errors in the assessment of evidence or legal reasoning. However, such review is limited by the principles of immediacy, orality, and contradiction that govern criminal proceedings.
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.
Today, cybercrimes represent an ever-expanding threat, reflecting the advancement of digitalization across all areas of society. This phenomenon has led to increased vulnerability for individuals, businesses, and institutions, all of which face an increasingly complex landscape of criminal activities in the digital environment. Understanding the nature, characteristics, and classification of these crimes is essential to establishing prevention and response strategies against these threats.
Our team successfully persuaded the Spanish National Court to overturn the pre-trial detention of two defendants extradited to Spain pursuant to a European Arrest Warrant. Despite serious charges of fraud and membership in a criminal organization, we demonstrated the disproportionate nature of the detention, obtaining their release under less restrictive conditions, including the surrender of their passports and a prohibition on leaving their home country, the Netherlands. This case underscores the critical importance of specialized legal defense in international proceedings.
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.
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