Criminal Procedure in Spain: A Guide
Criminal Procedure in Spain
6 – When is the Attorney Required?
A. Ordinary Process
If the appointment or assignment of counsel is required, the same applies to the attorney, except in juvenile detention or jail.
B. Abbreviated Process
Here the distinction after serving there as a lawyer appointed by the party itself or assigned counsel, in the first instance by the attorney will be appointed by the attorney, the second the public defender initially assumed the defense and representation not requiring
Read MoreThe Spanish State and Autonomous Communities: Structure and Administration
The General Administration of the Spanish State
Central Administration
The General Administration of the State extends throughout the national territory. It consists of central agencies with nationwide jurisdiction and peripheral agencies operating within the Autonomous Communities and provinces.
Central State Administration
The Central State Administration’s jurisdiction covers the entire national territory. This includes:
- Council of Ministers
- Government Delegate Committees
- Prime Minister
- Ministers
Council
Read MoreModes of Acquiring Ownership: A Comprehensive Guide
Modes of Acquiring Ownership
Introduction
Doctrine and comparative law present two theories regarding the acquisition of ownership and other property rights. One theory posits that both a title and a mode of acquisition are necessary, while the other rejects this distinction.
Traditional Teaching
The traditional teaching asserts that a contract or deed alone is insufficient for the acquisition and transfer of real rights. A mode of acquisition is also required. This principle, rooted in Roman law, distinguishes
Read MoreCriminal Involvement and Participation in Criminal Law
Criminal Involvement
Criminal involvement studies subjects punishable by the execution of a crime. Article 14 distinguishes between authors, accomplices, and accessories. Doctrine also adds the inductor and the instigator.
The Active Subject
The active subject carries out the criminal conduct of an offense. When a single person commits the crime, they are the author and subject to penalties prescribed by law (Art. 50). However, crimes frequently involve multiple people. This criminal involvement,
Read MoreStages of a Crime: From Ideation to Execution
Internal Stage
Ideation
This is the initial stage where the offender first conceives the idea of committing a crime.
Deliberation
The offender weighs the pros and cons of committing the crime, considering potential risks and benefits.
Resolution
The offender makes the decision to commit the crime. This internal process is not punishable unless it manifests externally.
External Stage
Preparatory Acts
These are actions taken by the offender to prepare for the crime, such as gathering necessary tools or information.
Read MoreTransfer of Provision in Bills of Exchange: Concepts, Process & Effects
Transfer of Provision
1. Concepts and Economic Role
The transfer of provision on a bill of exchange arises from the relationship between the drawer (who provides the funds) and the drawee (who owes the funds). This relationship indirectly impacts the holder’s interests:
- The drawee’s willingness to pay depends on the presence or absence of provided funds.
- If the drawee defaults, the holder may claim through subrogation, seeking compensation from the drawer’s assets.
The drawee, unbound until acceptance,
Read More