The procedure against an absent accused or convicted offender (art. 834 – 846 LECrim, Spanish Law)
Inevitably, the commencement of a criminal procedure has some consequences for those who are bound to it. Almost everyone is dispensable, the offended by the crime or a witness can testify before the beginning of the oral trial, a judge or a magistrate can be replaced by another, but the alleged criminal always has to […]
The procedure for the extradition (art. 824 – 833 LECrim LECrim, Spanish Law)
The jurisdiction of a country, where its laws are enforceable, is limited by its frontiers. This has lured the dreams of all the criminals, of all kinds and conditions, who has not planned, at least in his head, to rob a bank and hide in Brazil? But the diplomacy between the countries has little by […]
The procedure for crimes committed by means of the press, the engraving or another mechanic means of publication (art. 816 – art. 823 bis LECrim, Spanish Law)
The Spanish Criminal Procedure Act (in Spanish Ley de Enjuiciamiento Criminal, henceforth LECrim) is a law with more than a century, this feature is still reflected in a lot of its articles and procedures, when we currently read some of them they transport us to this not very far away past where the preoccupations of […]
The procedure for slander and calumny against private individuals (art. 804 – art. 815 LECrim, Spanish Law)
The slander and calumny are two sorts of crimes special, because they have certain particularities which affect to the way in which they can be putted into the knowledge of a judicial organ, besides there are some requisites which have to be fulfilled previously to such putting into knowledge. Along the following lines we will […]
The intervention of third party affected by the confiscation and the procedure of autonomous confiscation (art. 803 ter a – art. 803 ter u LECrim, Spanish Law)
– General aspects:The conviction for crime chiefly has three consequences for those who have committed it: they will be punished either with imprisonment, the payment of a fine, a community service, or permanent location; they have to repair the damage caused to the victims of the crime; and they will be deprived of the goods […]
Procedure for acceptance of decree (art. 803 bis a – art. 803 bis i LECrim, Spanish Law)
The Procedure for acceptance of decree is another of the special criminal procedures which the Spanish Criminal Procedure Act (in Spanish Ley de Enjuiciamiento Criminal, henceforth LECrim) contains. Its aim, is to reduce the burden of the administration of justice by shortening the period of investigation of those crimes punished more leniently by the Spanish […]
The Procedure for the Fast Trying of Determined Crimes (art. 795 – art. 803 LECrim, Spanish Law)
Probably all the countries in the world have the same problem, a criminal procedure too fast may diminish the guarantees which protect the accused against an arbitrary justice, and a criminal procedure too slow may spoil the effectiveness of such justice. Therefore, a proper judicial system is always playing with these two sides of the […]
The main differences between the Ordinary and Abbreviated Procedure of the Spanish Criminal Procedure Act
– Introduction:The title embodies a doubt which has haunted me since I know that there exist two different criminal procedures, and when I finished of commenting the articles concerning the Abbreviated Procedure I committed myself to solve this doubt. Doing my undertaking I want to be as objective as possible, I just want to compere […]
Abbreviated Procedure VII. The execution of the sentence (art. 794 LECrim)
“In a state where the law rules, the sentences claim for being fulfilled as an implicit demand a the efficacy of the judicial protection”, this phrase is a fragment of a resolution coming from the Spanish Constitutional Court (in Spanish Tribunal Constitucional, henceforth TC), and I have chosen it, because I think it embodies all […]
The Abbreviated Procedure VI. The Challenge of the Sentence (art. 790 – art. 793 LECrim)
The right to the challenge is a right comprehended inside the fundamental right to effective legal protection of the article 24 of the Spanish Constitution (in Spanish Constitución Española, henceforth CE), but as other fundamental rights of the CE, it is not an absolute right and its exercise must be developed by the law. This […]