If you have been arrested in Spain on suspicion of homicide or murder, you face 10 to 15 years’ imprisonment under article 138 of the Spanish Criminal Code, or 15 to 25 years under article 139. Police custody cannot exceed 72 hours. Before you say anything, you are entitled to speak privately with your […]
If you are looking for a sexual assault lawyer in Mallorca, Ibiza or Alicante, this page is for you. An accusation of this kind changes everything from the first minute. And if you do not speak Spanish, the feeling of helplessness multiplies. Here we explain how Spanish law treats this offence today, what happens during […]
Chain of Custody: Challenging Criminal Evidence A drug analysis without identification of the officer who transported the substance, a DNA sample without an evidential seal or an electronic device handled without a seizure record may undermine the entire prosecution case. The chain of custody is the procedure that ensures that the evidence presented at trial […]
Drug Trafficking in Spain: Penalties and Defence Drug trafficking offences are among those that most frequently lead to long prison sentences in Spain. Their regulation under the Spanish Criminal Code is technically complex: the basic offence is broad, the aggravating circumstances are numerous and the quantity of substance seized may significantly increase the sentence. Anyone […]
Victim Testimony as Sole Evidence in Spain Victim testimony may, by itself, constitute sufficient evidence to convict. This has been consistently accepted by the Spanish Supreme Court. However, that sufficiency is not automatic: it requires the testimony to meet a series of requirements that case law has defined with precision. Where those requirements are not […]
Pre-Trial Detention in Spain: Defence and Time Limits Pre-trial detention is the most serious precautionary measure that a criminal judge may adopt. It deprives a person of liberty before they have been convicted. For that reason, its imposition requires strict legal requirements, and its duration is limited by law. However, those limits only operate effectively […]
Restraining Order in Spain: Duration and Defence A restraining order is one of the most serious measures that a criminal court may adopt. It prohibits the person under investigation or the convicted person from approaching certain people, places or homes. It may be imposed as a precautionary measure during the investigation stage, as a condition […]
Sexual Offences in Spain: Law 10/2022 Defence Sexual offences in Spain now operate under a legal framework that is radically different from the one in force before October 2022. Organic Law 10/2022 on the comprehensive guarantee of sexual freedom substantially reformed the criminal offences, modified the penalties and changed the standard that the court must […]
No one is obliged to incriminate themselves in Spanish criminal proceedings. Exercising this right properly requires knowing its limits and obtaining legal advice beforehand
Evidence obtained in breach of fundamental rights may be excluded from criminal proceedings. The defence must challenge it in time and with solid legal grounds.
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