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 […]
Del recurso de casación (art. 847 – art. 953 LECrim)
Antes de comenzar a leer el artículo, ¿te has planteado en ayudar a su autor? Tienes varias formas de poder hacerlo, una es pinchando sobre la publicidad que aparece junto a él, y otra es haciendo una donación completamente voluntaria y de cualquier cuantía al número de cuanta: ES65 2100 2577 0513 0076 9904. ¡Muchas […]
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 […]
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 […]
Del procedimiento para la extradición (art. 824 – 833 LECrim)
Antes de comenzar a leer el artículo, ¿te has planteado en ayudar a su autor? Tienes varias formas de poder hacerlo, una es pinchando sobre la publicidad que aparece junto a él, y otra es haciendo una donación completamente voluntaria y de cualquier cuantía al número de cuanta: ES65 2100 2577 0513 0076 9904. ¡Muchas […]
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 […]