Criminal Procedure and Res Judicata in Spanish Law
Rapid Prosecution of Certain Crimes
Initiating the Procedure
The procedure for rapid prosecution begins with a police report. If a person is arrested, they must be brought before the Police Court. If no arrest is made, the individual is summoned to appear before the Court.
Flagrant Offenses
Flagrant offenses are those committed in the act or immediately thereafter, where the offender is caught in the act, detained at the time of the crime, or apprehended shortly after with incriminating evidence.
Role
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Control of General Conditions
1. Actions
The Act provides two types of actions:
- Individual Actions: Initiated by the adherent.
- Collective Actions: Initiated by various institutions representing the collective interests of adherents, such as partnerships, corporations, entrepreneurs, professional and farmer associations, the Chamber of Commerce, Industry and Navigation, consumer and user associations, the National Consumer Institute, professional associations, and the prosecution (Art. 16 LCGC).
Individual
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Public Administration in Spain
I. Concept of Public Administration
The Administration, alongside the Government and the Executive, forms a crucial part of the Spanish constitutional framework, as implicitly recognized in Title IV (Government and Administration). Articles 103 to 107 of the Spanish Constitution (CE) establish the legal basis for the government’s organization and administrative actions.
According to Article 97 CE, the Government directs both the civil and military administration, occupying
Read MoreRoman Law: A Comprehensive Guide to its History, Concepts, and Evolution
Roman Law: History & Key Concepts
Concept and Importance
Roman law, the legal framework governing the Roman people since Rome’s founding, stands as a pinnacle of human legal achievement. Its enduring influence stems from both its inherent justice and its sophisticated legal reasoning.
Since the 6th century, Roman law has been the cornerstone of European legal systems. Many European nations are built upon the ancient Roman provinces: Italy, Gaul, Hispania, Britain, Germany, Belgium, etc.
Roman law
Read MoreMexican State Finances and Tax Code
State Financial Activities
Meeting Public Demands
The State’s activities aim to meet public demands and provide services. This involves utilizing personnel, legal tools, and resources, leading to significant administrative exercises with economic implications.
Stages of State Financial Activity (Viti Di Marco)
- Revenue collection by state and public law bodies.
- Auditing raised revenue and managing assets.
- Covering expenses for public sector functions and services.
Financial Law
Financial law comprises public
Read MoreSpanish Constitution: Structure, Rights, and Autonomies
The Spanish Constitution
Structure and Function of Government
The last PSOE and the first PP government needed the support of other parties, known as hinge parties (CiU, PNV, CC). While the last PP government held an absolute majority, the current PSOE government does not and requires the support of other parties to pass laws. It is difficult to obtain absolute majorities due to the proportional distribution of seats in Congress. To ensure government stability, the Constitution mandates a constructive
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