The detention and opening of the written and telegraphic correspondence
The right to the secret of the communications is one of the fundamental rights more important of our Constitution (art. 18.3 of the Spanish Constitution, henceforth CE), it guarantees the transmission of a message without the interference of a third party, all the process of communication is protected regardless its content may be considered private […]
The search of books and papers (Spanish law)
The search of books and papers is a diligence of the Spanish Procedural Penal Law (in Spanish Ley de Enjuiciamiento Criminal, henceforth LECrim), then it is aimed to find a clue of a supposed crime, which may support an accusation during a trial (art. 299 LECrim). More precisely, this diligence consists in the search of […]
The search of a domicile by the police (Spanish Law)
The intimacy of a domicile is a fundamental right guaranteed by the Spanish Constitution (henceforth CE), but as all fundamental right it is not absolute, it may enter into conflict with other rights recognized in the CE, it means that according some circumstances the police might enter into a domicile. What are these circumstances?, what […]
A brief comparison between the three personal preventive measures of the Spanish Penal Procedural Law
When we refer to the three personal preventive measures of the Spanish Penal Procedural Law (in Spanish Ley de Enjuiciamiento Criminal, henceforth LECrim), we are talking about the detention, the provisional prison and the provisional liberty, the last also divided between with or without bail.The detention and the provisional prison share a title inside the […]
The rights of the arrested person
An arrested person has some rights which are established in the Spanish Procedural Penal Law (in Spanish Ley de Enjuiciamiento Criminal, henceforth LECrim). These rights are essential to comply with the fundamental right to a process with all the guarantees recognized in the article 24 of the Spanish Constitution (henceforth CE). But before let see […]
The Provisional Prison
A suspect may be imprisoned before there is a firm sentence against him. The legal artifact designed to comply with this undertaking is the provisional prison, which is a preventive measure, it means that is aimed to guarantee the effectiveness of the future sentence which put an end to the procedure. The above is valid […]
The Expert Report
To solve a crime is not an easy matter, when a judge has to assess the proofs gathered during the instruction, may need the assistant of experts who have the knowledge necessary to extract the conclusions which will determine the responsibility and the details of how the crime was committed. To start we need to […]
The role of the minor as a witness
A minor has also responsibilities when he is regarded as a proof. He can be too the victim and not only a witness, which increase the precautions established by the law when the Instructor judge takes him declaration. Notwithstanding its condition as a minor, a witness or a victim of a crime is obliged by […]
The necessity of accused´s declaration before the opening of the trial
Although at first view it can seem a matter without importance, since the only proof with the capacity to disprove the presumption of innocence of the accused is the one practiced during a public trial, the declaration of the accused plays an important role during the beginning of the judicial process. The first thing we […]
De las notificaciones, citaciones y emplazamientos (art. 166 – art. 182 LECrim)
El Título VII del Libro I de la Ley de Enjuiciamiento Criminal (LECrim) tiene como objeto los actos de comunicación entre el órgano judicial y las partes del proceso. Es una garantía procesal de vital importancia en el proceso, ya que si ella es imposible que las partes puedan ejercitar sus derechos en él. Como […]