Invalid Evidence in Spain: Defence and Nullity
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.
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.
A person under investigation is not obliged to give a statement or to tell the truth. Preparing the statement with a criminal defence lawyer can change the course of the proceedings.
Domestic violence in Spain is not limited to physical assaults. It covers different forms of conduct within the family environment and requires criminal defence from the outset.
The presumption of innocence prevents a conviction unless the prosecution proves guilt beyond reasonable doubt. Its defence requires a strategy from the investigation stage.
Facing criminal proceedings in Spain? An arrest, a court summons or a complaint require immediate, specialised legal action. Discover what a criminal defense lawyer does, when their intervention becomes essential, and how Fechenbach Abogados defends clients in Madrid, Ibiza and Cádiz — including English-speaking representation in complex and cross-border cases.
Being arrested in Spain activates a set of constitutional rights from the very first moment — not from when your lawyer arrives. Knowing them can mean the difference between a solid defence and a statement that permanently damages your case.
Driving without a licence is not merely a traffic offence in Spain. In many cases, it constitutes a criminal offence against road safety with significant legal consequences.
A plea agreement in Spanish criminal proceedings allows the accused to accept a negotiated sentence and avoid trial, but it must be assessed with specialist legal advice to prevent irreversible consequences.
The chain of custody ensures that the evidence presented at trial is the same evidence that was seized or collected. Any break in it may create doubts about the identity or integrity of the evidence.
Fraud is not the same as a mere breach of contract. Criminal liability requires sufficient deception and fraudulent intent from the outset.