The dismissal of the cause (Spanish Law)
When a procedure is opened as consequence of a report or a suit, it may end before a sentence declares the accused guilty or acquitted, since the Criminal Procedure has different phases and in each of these phases are causes which may provoke its ending. The dismissal of the procedure, is a judicial resolution based […]
Of the Completion of the Summary (art. 622 – art. 633 LECrim, Spanish Law)
After practicing all the relevant proofs which may sustain the opening of the oral trial phase, in the ordinary procedure we arrive to the named intermediary phase of the procedure, the event which marks this transition is the decision of termination of the summary. But, how we have achieved this point of the procedure? and […]
The preventive measures of bail and seizure applicable to third parties of a criminal procedure according to the Spanish law
When a crime is committed the author is obliged to pay all the pecuniary liabilities derived from the crime (article 109 of the Spanish Criminal Code, in Spanish Código Penal, henceforth CP). But, sometimes there are other subjects who may be liable of some of the liabilities consequence of a crime. These other subjects, who […]
The preventive measures of bail and of seizure during a criminal procedure according to the Spanish Law
The commission of a crime has two principal effects on those who has committed it, one is their imprisonment, the other is their obligation to repair the harm suffered by their victim. Thus when a crime has been committed its author tends to disappear, and all the goods which he possesses with him. This is […]
A summary of the measures of investigation which affect to the article 18 of the Spanish Constitution
The Spanish Criminal Procedural Law (in Spanish Ley de Enjuiciamiento Criminal, henceforth LECrim), has a Title where the legislator has included all the measures of investigation which may be used by the Spanish judicial police to solve a crime with the secondary effect of harming some of the rights included in the article 18 of […]
Remote search over computer hardware (Spanish Law)
Have you ever had the sensation that some was spaying you while you were working on your computer? Are you one of those who has the laptop´s camera covered? Because I am, and I have had this sensation more than one time. The next question we should ask to ourselves is, is this possible?, can […]
The Search of Devices of Massive Storage of Information (Spanish Law)
The title of this article is a literal translation of the name given to the Chapter VIII of the Title VIII of the Book II of the Spanish Penal Procedural Law (in Spanish Ley de Enjuiciamiento Criminal, henceforth LECrim). To what are we referring when we talk about devices of massive storage of information? These […]
Utilization of technical devices of reception of the image, tracking and localization (Spanish Law)
The Spanish Penal Procedural Law (in Spanish Ley de Enjuiciamiento Criminal, henceforth LECrim) has a chapter dedicated to two kind of devices, those used to receive and record image, and those which have the purpose of tracking the suspect.At first glance, we can see that both measures of investigation have not the same object, the […]
Reception and recording of oral communications through the utilization of electronic devices (Spanish Law)
We are in front of the most polemic measure of investigation. The entrance into a domicile, the interception of written correspondence, the interception of telephonic communications, are measures which may be expected by those who commit a crime. But who would think that a camera is recording what is happening at its home? Are the […]
The Interception of the telephonic and telematic communications (Spanish Law)
The Spanish Penal Procedural Law (in Spanish Ley de Enjuiciamiento Criminal, henceforth LECrim) regulates in a specific chapter the interception of the telephonic and telematic communications. This chapter is in a title dedicated to all the measures of investigation which affect to the article 18 of the Spanish Constitution (henceforth, CE). It necessarily means that […]