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Criminal law

Thursday, 05 July 2018 07:58

Spain, few claims in European Courts

Spain is among the European countries with the lowest number of complaints and judgments in the judicial bodies of the euro zone. This is the European Court of Human Rights (ECHR) and the Court of Justice of the European Union (CJEU).

These bodies exist under the European Convention for the Protection of Human Rights. It was signed by Spain in 1977 and ratified in 1979, after having passed through the approval of the Cortes Generales.

Since the entry into force of the L.O. 1/2015, important developments in the suspension of custodial sentences have been announced. The reform carried out in the Criminal Code provides for specific changes in the approval and revocation processes of said benefit.

The crimes prescribe. This means that after a certain time the responsibility of the one who committed it expires, it ends.

This period of prescription of the offense begins to count from the day in which the act was committed. In case of continued or habitual crimes, the limitation period shall be computed from the day on which the last infringement was made.

The judge who directs the case is to summon people to testify. Generally, the investigations reveal the names of subjects who have had something to do with the cause that motivates the trial, either by their direct participation, by having been witnesses or by their relation with some of the affected ones. These people are summoned to testify about the facts that constitute the motive of the trial.

The Minister of Justice, Rafael Catalá, held a meeting with officials of the judicial sector at the highest level, on 7 September. The meeting addressed the analysis of several of the measures being carried out to advance the reform of justice.

The initial draft of the future Data Protection Act is already advancing some important developments. Above all, regarding the minimum age necessary to be able to consent to the use of personal data, important aspects regarding sanctions and infractions, credit information and some figures that needed a specific definition, such as the delegate of Data Protection.

Thursday, 06 July 2017 14:59

Co-authorship in the crime of falsehood

The falsification of documents is based on altering the elements considered essential in some of them, or to carry out a simulation of any of these documents. It is a crime regulated in the Penal Code, with several conditions that encompass it in several categories.

Friday, 31 March 2017 08:41

BREAKING NEWS: New patent law 24/2015

On July 25, 2015, the Official State Gazette published the Law 24/2015, of July 24, on patents, setting a period of vacatio legis of almost two years. Thus, this Saturday comes into force the new patent law with two main objectives: the harmonization of national and international legislation with Industrial Property rights and offer users more efficient and quality comparable to other international systems. We leave you the most important legislative news.

Claiming a debt is legal. However, at the moment in which to demand a debt, the creditor (that is, who is entitled to the collection) calls at all times to the debtor to cause that, because of absolute feeling of weariness, the debtor pays yes or yes, it can be Producing an illegal activity.

They are more than 600,000 affected by the real estate collapse that occurred between 2004 and 2006. Billions of euros were derived from the bankrupt property developers and unfinished projects.

Now the banking heiress concentration since 2009 the real estate sector will face a wave of lawsuits. Old savings with financial risk, the bursting of the housing bubble and the recent success of law firms in shaping mass lawsuits supported by Supreme Court rulings, presented demands that they should be charged like millions responsibilities which they have been faced by ground clauses, preferred, marketing of complex products or IPOs. This wave of lawsuits could affect banks such as Banco Popular, Bankia, BBVA, CaixaBank and Sabadell, among others.

Organic Law 1/2015, of 30 March, has introduced a new amendment to the Criminal Code that enables legal entities (associations, foundations and corporations) respond criminally liable for the acts or omissions of its executives or its employees, disappearing thus, the applicability of the principle of Roman law societas delinquere non potest, on which nourished the societies could not be subject to criminal reproach.

Wednesday, 22 July 2015 07:06

How to prevent the imputation of companies

Of Organic Law 5/2010 amending the Criminal Code was first introduced in our constitutional legal system criminal liability of legal persons by adding Article 31.bis.

Wednesday, 18 March 2015 12:14

Legal reform change accused by investigated

The Council of Ministers approved on Friday a draft Criminal Procedure Act (LEC), which waives some of the initial proposals more controversial as the possibility that the Interior Ministry intervened communications without judicial authorization. The standard predictably keeps setting deadlines for instruction despite the recommendation of the State Council and includes replacing the current "accused" by "investigated".