Insights and News on Criminal Law
Spain passes Law 2/2023, implementing the EU Whistleblower Directive, to protect individuals who report violations of EU and Spanish regulations by companies, and to encourage a culture of information-sharing to prevent harm to public interest. Large companies must have an internal whistleblowing system in place by June 13, 2023, while smaller ones have until December 1, 2023. The law covers whistleblowers from both public and private sectors, as well as those who have professional or employment ties with them.
Article 324 of the Spanish Criminal Procedure Law sets time limits for criminal investigations, with a general duration of 12 months, extendable by six-month periods for complex cases. Prior to the 2015 reform, investigations could be prolonged indefinitely, leading to delays and legal uncertainty. The 2020 reform clarified and enforced stricter controls on investigation deadlines, aiming to reduce delays and protect procedural efficiency. Key challenges remain in balancing investigation speed with the protection of fundamental rights, sparking ongoing legal debates.
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.
Extradition is an essential mechanism in the field of international judicial cooperation, facilitating the surrender of persons accused or convicted of serious crimes between States. This study will focus on active extradition, regulated in Spain by the Criminal Procedure Act, and on the bilateral agreement between Spain and Thailand, which is particularly relevant in the case of Daniel Sancho. It will also examine the precedent of the case of Artur Segarra, another Spanish citizen convicted in Thailand for a similar crime, whose judicial process and eventual transfer to Spain offer a frame of reference for Sancho's situation and his possible future transfer to serve his sentence in Spanish territory.
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.
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.
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.
The "fruit of the poisonous tree" doctrine is a fundamental pillar in the legal field, establishing that any evidence obtained unlawfully—i.e., by violating fundamental rights—must be considered null and cannot be used in a judicial process. This principle, which originated in early 20th-century U.S. jurisprudence, has also been solidified in the Spanish legal system, ensuring that due process and the protection of fundamental rights take precedence over any attempt to obtain evidence irregularly. Over time, its application has been the subject of significant debates and rulings, emphasizing the need for evidence presented in court to be obtained in accordance with the law. The doctrine has gained increasing relevance, reflected in recent cases that have highlighted its importance in protecting individual rights and preserving the integrity of the judicial system.
The following text focuses on the European Arrest Warrant (EAW), which establishes both mandatory and optional reasons for the refusal to surrender a person to another country. The mandatory grounds for refusal include pardon, acquittal, minority, prescription, and immunity, while the optional grounds include lis pendens, nationality or residence with family or economic ties, among others. Furthermore, although not considered explicit grounds, the CJEU has recognized the possibility of invoking the risk of inhuman and degrading treatment or the violation of fundamental rights. It is essential to know these grounds for refusal to ensure respect for fundamental rights in the European context.
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