Authorship and Criminal Involvement in Spanish Criminal Law
Authorship and Criminal Involvement
The offense can be committed by one or more persons, acting individually or together. When multiple individuals are involved, we refer to them as co-offenders. Among those involved, there can be a division of responsibilities: the principal author (whose act constitutes the offense) and others who provide assistance, known as participants.
Concept of Authorship
There are several concepts of authorship:
- Unitary Concept: Anyone who contributes in any way to the offense’
EU Services Directive (2006/123/EC): A Complete Guide
The Services Directive (2006/123/EC)
Overview
The Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market, also known as the Bolkestein Directive or the Services Liberalization Directive, is an instrument adopted under the Lisbon Strategy. It aims to establish a set of principles governing access to and exercise of service activities within the European Union. The ultimate goal is to create a true internal market for services by 2010,
Read MoreInefficiency in Legal Business Transactions: Causes and Remedies
Item 19: Inefficiency of Legal Business
Introduction
A business transaction is considered null if it fails to produce the intended legal effects. This can occur if the transaction lacks an essential element, pertaining to either the subject or the object (e.g., an invalid object classified as Res Extra Commercium). Strict inefficiency arises when the transaction has no effect due to external factors. An example of this is donations between spouses.
1. Causes of Inefficiency
- Failure of the person
- Infringement
Understanding Different Types of Sales Contracts
Property Sales Contracts
Concept of Real Estate
A property sales contract is a document where one person agrees to transfer property ownership to another in exchange for an agreed price. Real estate is classified as:
- By nature (e.g., land)
- By incorporating a building
- By destination (e.g., a statue)
Real estate can be the subject of a sales contract.
Elements of a Building Sales Contract
- Vendor: The individual or legal entity transferring the property.
- Purchaser: The individual or legal entity receiving the
Competition Law & Crime: Ideal vs. Real, Continued & Mass
Competition Law and Crime
1. Unit of Action and Multiple Offenses
Sometimes, one or more individuals commit two or more crimes through a single action or a series of actions. These situations are addressed in the Criminal Code (Articles 73-78).
Article 8 addresses cases where multiple legal provisions seemingly apply, but only one is truly relevant. Articles 73 and following concern the competition of crimes, while Article 8 reflects the competition of laws.
Traditionally, the study of crime competition
Read MoreResolution of the Coroner & Statement of Personal Communications
Resolution of the Coroner
1. Budgets of the Coroner (TS, TC, ECHR)
Constitutionally Legitimate Purpose: To verify or discover facts relevant to a criminal investigation.
Implications: Requires prior evidence of a crime. It’s not merely exploratory; it’s part of judicial proceedings related to a specific criminal act.
Suitability: Probability assessment of the action’s utility in achieving the purpose. Justification for why the measure is likely to uncover relevant data.
Specificity: Focuses on a particular
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