Of the substitutive ways of the execution of the freedom´s privative punishments and the conditional release (art. 80 – art. 94 bis of the Spanish Criminal Code)
“Of the substitutive ways of the execution of the freedom´s privative punishments and the conditional release”, is how is entitled the Chapter III, of the Title III, of the Book I of the Spanish Criminal Code (CP). In this chapter we find how are regulated three different scenarios: 1) The suspension of the execution of […]
Of the application of the punishments (art. 61 – art. 79 of the Spanish Criminal Code)
“Of the application of the punishments”, this is the way in which is entitled the Chapter II, of the Title III, of the Book I of the Spanish Criminal Code (CP). As its own name indicates, in it we find the rules which will be of application when the length of a punishment is established […]
Of the persons criminally liable of the crimes (art. 27 – art. 31 quinquies of the Spanish Criminal Code)
The Title II of the Book I of the Spanish Criminal Code (CP) is entitled “Of the persons criminally liable of the crimes”. In it, as we can deduce from its name, are established those who can be regarded criminally liable for the commission of a crime, this, likewise, will suppose their civil liability (art. […]
The causes which affect to the criminal liability: the exemptions, the mitigating factors and the aggravating circumstances of the Spanish Criminal Code (art. 19 – art. 23 CP)
Within the Title I of the Book I of the Spanish Criminal Code (CP) we find the modifying causes of the criminal liability, they are gathered in three consecutive chapters, the Chapter II “Of the causes which exempt of the criminal liability”, the Chapter III “Of the circumstances which mitigate the criminal liability” and the […]
Introduction to the Spanish Criminal Code (CP) and its Preliminary Title: Of the criminal guarantees and of the application of the criminal Law (art. 1 – art. 9 CP)
“Of the criminal guarantees and of the application of the criminal Law” is how is entitled the Preliminary Title of the Spanish Criminal Code, as well known as the Organic Law 10/1995, of 23 November (LO 10/1995), which entered into force on 26 May 1996 (Seventh Final Disposition LO 10/1995). The LO 10/1995 gave birth […]
The execution of the sentences (art. 983 – art. 999 LECrim, Spanish Law)
The criminal procedure cannot conclude only with a declarative sentence without real effects upon those who are affected by it, this sentence has to be executed, its provisions have to be fulfilled, a criminal procedure can only be consider as such, when this happens. The Spanish Criminal Procedure Act (LECrim) is divided by books, each […]
The procedure for the trial on minor offences (art. 962 – art. 982 LECrim, Spanish Law)
The Spanish Criminal Code (CP) divides the crimes into three different kinds, serious offences, less serious offences, and minor offences, depending upon the punishment which each of them receives (art. 13 CP). Up to this juncture we have not notice this distinction between crimes when we have seen the different procedures according to which may […]
The review appeal (art. 954 – art. 961 LECrim, Spanish Law)
One of the last articles regulating the cassation appeal is the article 904 of the Spanish Criminal Procedure Act (LECrim), which states that “Against the cassation sentence and the sentence dictated on account of it, there is no appeal”. Something which is only, almost true. Because there are appeals, although none of them are ordinary […]
The cassation appeal (art. 847 – art. 953 LECrim, Spanish Law)
The cassation appeal for criminal proceedings regulated in the Spanish Criminal Procedure Act (LECrim) is solved by the Second Chamber of the Spanish Supreme Court, and has suffered some modifications on account of the reform carried out by the Law 41/2015. It should, at least in theory, fulfill the function of unifying the jurisprudence coming […]
The appeal against the sentences and determined judicial resolutions (art. 846 bis a. – art. 846 ter LECrim)
Once the criminal procedure ends with a sentence convicting or acquitting the accused, the parties have an opportunity to submit that decision to other Tribunal occupying a superior hierarchic position. Although in some cases, the court of appeal is limited by the law and cannot change an acquittal for a conviction, all depends on the […]