Insights and News on Criminal Law
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.
In criminal proceedings, the presumption of innocence means the accused does not have to prove innocence and the prosecution must prove guilt. The presumption stands until trial evidence rebuts it beyond reasonable doubt. The Constitutional Court has defined the evidentiary requirements to displace this presumption and underscored the duty to give reasons in convictions. STC 3308-2020 confirms that a person acquitted on appeal cannot be convicted on cassation through a new assessment of personal evidence, since the cassation court did not directly observe that proof.
Jorge Agüero Lafora, the managing partner of FukuroLegal, attended the ECBA Autumn Conference in Finland over the past weekend. The event provided valuable opportunities to connect with leading criminal law experts from Europe. Key topics discussed included the protection of lawyers' profession in Europe, business and human rights, as well as strategies for mitigating litigation risks and criminal exposure. Additionally, there were significant discussions on the rule of law situation in Hungary. FukuroLegal remains committed to integrating the insights gained from the conference into its legal practice, reinforcing its dedication to staying at the forefront of international legal developments.
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.
The crime of private-sector corruption has gained growing relevance in Spanish law. Regulated under Article 286 bis of the Criminal Code, it covers corrupt conduct in the private sphere, where executives, administrators, employees, and collaborators of companies or organizations, with the goal of obtaining an unlawful benefit, undermine loyalty and transparency in commercial or professional relationships.
Article 18.2 of the Spanish Constitution guarantees the inviolability of the home, allowing entry only with judicial authorization, consent, or in cases of flagrant crime. In March 2021, police forcibly entered a Madrid flat during a COVID party without a warrant. The High Court of Justice of Madrid ruled that this entry was illegal, as no flagrant crime existed, though the officers were acquitted due to errors in judgment. Refusal to identify oneself or violating health regulations cannot override the right to home privacy, which extends to tourist apartments.
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.
Police custody is stressful, but knowing your rights helps you protect yourself. We have covered basics, from your rights to how to act if detained. Every situation is unique, so get legal advice for your specific case and your country’s laws. Stay calm, request a lawyer, and cooperate within the limits of your rights to help ensure a fair process.
Habeas corpus, as protected by the Spanish Criminal Procedure Act, safeguards the right to personal liberty for anyone unlawfully detained. It is a judicial order requiring that the detainee be brought before a judge to verify the legality of their detention. As a fundamental right, it acts as a guarantee against unlawful detention and human rights violations, while serving as a vital mechanism to protect individual freedom and ensure that all detentions are carried out in accordance with the law.
Recommended criminal law firm
Our team of experienced attorneys is dedicated to safeguarding your interests. We offer strategic legal advice and defense in complex cases on an international scale, ensuring confidentiality and a strong commitment to every client.
Contact Us
Contact our criminal defense attorneys. The firm offers immediate action in any emergency situation.