Insights

Analysis of Supreme Court Judgment STS 782/2024: Right of Defense and Final Statement of the Defendant in Trial

Supreme Court Ruling 782/2024 analyses whether the defendant's right to defence includes testifying last at trial. Although the defence requested it, the Court clarified that article 701 of the Criminal Procedure Act does not guarantee this right absolutely, but allows flexibility in the order of evidence. The Court concludes that the refusal to allow such a final statement does not violate the right of defence, as the accused retains the last word at the close of the trial, which protects his rights. Moreover, the principle of equality of arms is preserved, as both parties have the same procedural opportunities to present their case.

Firm Update: Attending the ECBA Autumn Conference in Finland

Jorge Agüero Lafora, the managing partner of FukuroLegal, attended the ECBA Autumn Conference in Finland over the past weekend. The event provided valuable opportunities to connect with leading criminal law experts from Europe. Key topics discussed included the protection of lawyers' profession in Europe, business and human rights, as well as strategies for mitigating litigation risks and criminal exposure. Additionally, there were significant discussions on the rule of law situation in Hungary. FukuroLegal remains committed to integrating the insights gained from the conference into its legal practice, reinforcing its dedication to staying at the forefront of international legal developments.

Environmental Intimidation and Complicity: Keys to STSJC 274/2024 in Sexual Assault Offences

The High Court of Justice of Cantabria has handed down a sentence confirming prison sentences for four men accused of multiple sexual assault and revising the sentence of the fourth person involved, who remained passive during the events. This decision is based on the attribution of different degrees of participation in the crime, addressing the concepts of perpetration, necessary cooperation and omissive complicity in crimes of sexual assault.

Analysis STS 805/2024, 26 September 2024: On the territorial jurisdiction in the crime of international child kindnapping.

The recent decision of the Second Chamber of the Supreme Court, in which the Honourable Ms. Carmen Lamela Díaz intervenes as rapporteur, addresses an issue of great relevance and complexity: the jurisdiction of Spanish courts in cases of international child abduction. This analysis details the key points of the judgment, emphasising both the guidelines of Spanish criminal law and the European regulations governing jurisdiction in these cases.

Attenuating circumstance of undue delay: Analysis of the Supreme Court Judgment of 18 July 2024

This legal analysis reviews the Supreme Court ruling of 18 July 2024 on the mitigating circumstance of undue delay in a case of continuous fraud. The judgment examines the requirements for applying this mitigating factor, such as the extraordinary delay and the non-imputability of the defendant in the delay. Despite the ten-year delay, the Court concluded that the complexity of the case and the dilatory manoeuvres of the defendants justified the prolongation of the proceedings, so that the mitigating factor was not applied in a highly qualified manner.

Investigation Time Limits in Spanish Criminal Law: Understanding Article 324

Article 324 of the Spanish Criminal Procedure Law sets time limits for criminal investigations, with a general duration of 12 months, extendable by six-month periods for complex cases. Prior to the 2015 reform, investigations could be prolonged indefinitely, leading to delays and legal uncertainty. The 2020 reform clarified and enforced stricter controls on investigation deadlines, aiming to reduce delays and protect procedural efficiency. Key challenges remain in balancing investigation speed with the protection of fundamental rights, sparking ongoing legal debates.

Active Extradition in Spain: Procedure and Relevant Cases

Extradition is an essential mechanism in the field of international judicial cooperation, facilitating the surrender of persons accused or convicted of serious crimes between States. This study will focus on active extradition, regulated in Spain by the Criminal Procedure Act, and on the bilateral agreement between Spain and Thailand, which is particularly relevant in the case of Daniel Sancho. It will also examine the precedent of the case of Artur Segarra, another Spanish citizen convicted in Thailand for a similar crime, whose judicial process and eventual transfer to Spain offer a frame of reference for Sancho's situation and his possible future transfer to serve his sentence in Spanish territory.

Doctrine of the fruit of the poisonous tree

The "fruit of the poisonous tree" doctrine is a fundamental pillar in the legal field, establishing that any evidence obtained unlawfully—i.e., by violating fundamental rights—must be considered null and cannot be used in a judicial process. This principle, which originated in early 20th-century U.S. jurisprudence, has also been solidified in the Spanish legal system, ensuring that due process and the protection of fundamental rights take precedence over any attempt to obtain evidence irregularly. Over time, its application has been the subject of significant debates and rulings, emphasizing the need for evidence presented in court to be obtained in accordance with the law. The doctrine has gained increasing relevance, reflected in recent cases that have highlighted its importance in protecting individual rights and preserving the integrity of the judicial system.

REFUSAL EUROPEAN ARREST WARRANT SPAIN

The following text focuses on the European Arrest Warrant (EAW), which establishes both mandatory and optional reasons for the refusal to surrender a person to another country. The mandatory grounds for refusal include pardon, acquittal, minority, prescription, and immunity, while the optional grounds include lis pendens, nationality or residence with family or economic ties, among others. Furthermore, although not considered explicit grounds, the CJEU has recognized the possibility of invoking the risk of inhuman and degrading treatment or the violation of fundamental rights. It is essential to know these grounds for refusal to ensure respect for fundamental rights in the European context.

Spain's Criminal Justice: Reforms & Challenges

Discover how Spain is confronting rising crime rates and evolving legal challenges in our latest blog post. We delve into the significant legal reforms Spain has implemented, especially in combating domestic violence and cybercrime, and how these efforts are reshaping the criminal justice landscape. Learn about Spain's proactive approach to legal adaptation, its focus on human rights, and the implications for global criminal law practices. Join us in exploring how Spain's legal system is evolving to meet modern-day challenges and setting an example for the rest of the world.

Under Arrest in Spain

Facing an arrest in a foreign country like Spain can be a daunting experience. However, by staying informed, understanding your rights, and seeking legal representation, you can navigate the process with confidence.Remember to assert your rights, remain calm and composed, and cooperate with the authorities within reason. Contact your embassy or consulate for assistance, and consult with an experienced attorney to guide you through the Spanish legal system.By taking proactive steps and staying informed, you can protect your rights, maximize your chances of a favorable outcome, and ensure a fair legal process.

Spain Criminal Law: Defense & Extradition

In need of legal support for criminal cases in Spain or extradition challenges? Turn to FukuroLegal, a dedicated criminal law firm with a seasoned team of lawyers. We offer personalized assistance and expertise in Spanish criminal law, striving to prevent pre-trial detention and providing transparent communication throughout your case. Our skilled extradition lawyers ensure your rights are protected during complex extradition proceedings, offering comprehensive legal support and emotional assistance. Contact us for a confidential consultation and trust us to navigate the complexities of your legal challenges in Spain.

Know Your Rights: Assault Defense & Detention Lawyers

What happens if you are accused of rape? What to do and what not to do with the police during the arrest? What are your rights during your detention? Is it a good idea to talk to the victim? Why should you hire an experienced sexual assault lawyer if you have been accused of rape? What are we going to do to prove your innocence? These are some of the most searched questions related to this scenario.

Spain's 1985 Extradition Law: Quick Guide

Ever wondered how Spain handles extradition requests from foreign countries? Dive into the 1985 Passive Extradition Law! It lays out the roadmap, emphasizing reciprocity with other nations. While the process seems straightforward – from a formal request to a review – there are clear safeguards. Individuals can tap into rights like legal representation, and if things go south, there's always the Spanish Constitutional Court for recourse.

Compensation for Traffic Victims in Spanish Law

Law 35/2015 represents a significant advancement in the evaluation system for damages and harm caused to individuals in traffic accidents in Spain. It establishes a compensation scale that seeks to guarantee fair and adequate compensation to victims, considering factors such as the severity of the injuries and individual circumstances. Furthermore, within a criminal procedure, both criminal responsibility and civil liability derived from the offense are sought, recognizing the importance of repairing the damages caused to the victim. It is essential to seek the advice of specialized professionals to understand and exercise the rights established by this law, ensuring adequate protection for traffic accident victims.

Justice & Rehab: Penitentiary Insights

Balancing Justice and Rehabilitation" provides a comprehensive exploration of penitentiary surveillance, inmate rights, and legal benefits within the Spanish correctional system. It delves into the pivotal role of the penitentiary system in upholding justice, security, and offender rehabilitation. The text covers key aspects, including temporary release permits, inmate classification, and complaint mechanisms, emphasizing the importance of transparency and accountability. With a focus on fostering self-improvement and responsibility, the article highlights the significance of the legal framework in creating a just and compassionate society. Our law firm stands ready to assist inmates in understanding and asserting their rights, aiming to facilitate successful rehabilitation and reintegration

Law 2/2023: Whistleblower Protection

Spain passes Law 2/2023, implementing the EU Whistleblower Directive, to protect individuals who report violations of EU and Spanish regulations by companies, and to encourage a culture of information-sharing to prevent harm to public interest. Large companies must have an internal whistleblowing system in place by June 13, 2023, while smaller ones have until December 1, 2023. The law covers whistleblowers from both public and private sectors, as well as those who have professional or employment ties with them.

Unseen Battles: Spain's Crime Cases

In Spain's evolving legal landscape, criminal cases are experiencing a significant increase. This blog provides an insightful overview of the current trends in criminal litigation in Spain, drawing on recent statistics and studies

Spain's Crime Landscape

Key Insights into Spain's Criminal Law Landscape: This blog post delves into the intricate details of Spain's criminal law statistics, revealing various trends and patterns

Criminal Defense Strategies

Delving into the intricacies of Spain's legal landscape, this comprehensive exploration unveils an array of strategic defenses within the criminal procedure domain. Accomplished criminal lawyers adeptly navigate these strategies to safeguard client rights and interests. From the audacious denial of facts to the pursuit of resolution agreements, this discourse examines seven strategic maneuvers employed in Spanish criminal proceedings. The text underscores how these approaches, tailored to each case's nuances, ensure equitable trials and uphold accused rights. The careful selection of the optimal strategy, dependent on evidence evaluation, legal principles, and client objectives, culminates in the pursuit of optimal legal outcomes.

Appearances in press

Jorge Agüero Lafora participated in an important trial at the Audiencia Nacional, defending the only accused of a terrorist murder crime. The defense argued that the client was not involved in the crime, and that the Spanish court did not have jurisdiction as the crime was committed abroad and had no connection to the Spanish state. Additionally, it was argued that the interpretation of the terrorist crime used in the case was against the principle of legality.

Understanding Corporate Criminal Liability in Spain

In Spain, companies can be held responsible for crimes committed by their employees in the course of their work if the actions were intended to benefit the company. Companies can be charged with various criminal offenses, including fraud and corruption, and may face fines, asset confiscation, and other penalties if found guilty. To prevent criminal liability, companies should implement compliance programs, including training, policies, and reporting systems, to prevent illegal or unethical behavior. It is important for companies to be aware of their potential criminal liability and to seek legal assistance to ensure compliance with the law.

criminal responsibility of companies

Corporate criminal liability is an increasingly important topic in modern criminal law. In the past, companies were not considered liable for committing crimes, as only individuals could be held responsible. However, many jurisdictions, including the European Union and the United States, have implemented laws that allow companies to be penalized for criminal actions. This change in the law has been motivated by corporate scandals in recent decades, which have demonstrated that a lack of corporate criminal liability can lead to a culture of impunity and corruption. The corporate criminal liability model is based on the idea of self-responsibility, which means that the company is responsible for its own crime, whether of mere activity or passivity, and is distinct from individual crime. To hold a company responsible for a crime, it must be shown that the company's organization or structure favored the commission of the crime and that the crime was committed in the course of the company's activities, for its direct or indirect benefit. Companies can avoid criminal liability by taking preventive measures and collaborating in investigations.

Detained or arrested in Spain. Now what? Lawyers in Madrid Spain

A person detained or arrested in Spain has the right to be informed of the reasons for the arrest, to remain silent, to have legal counsel present, to communicate with consular authorities (if a foreign national), to be brought before a judge within 72 hours, and to be treated with dignity and respect. It is important to contact a criminal lawyer for legal assistance and representation if you are under arrest. Do not hesitate to exercise your rights and seek legal aid if necessary. Criminal lawyer 24/7

consent in cases of sexual assault

A team member has published an article in a socially important newspaper on the topic of consent in sexual assault crimes. The article discusses the new Organic Law 10/2022 of September 6, 2022, which provides comprehensive protection for sexual freedom, and questions whether it addresses credibility issues faced by victims of sexual assault.