CRIMINAL LAW

F.A.Q.

1. What is the difference between a crime and a misdemeanor in Spain?
   In Spain, crimes are acts that are punishable by prison sentences, while misdemeanors are less serious acts that are punishable by fines and short-term arrest sentences.

2. What is the statute of limitations in Spanish criminal law?
   The statute of limitations in Spanish criminal law refers to the time that elapses from the time a crime is committed until the State's right to impose a penalty expires. The statute of limitations varies depending on the severity of the crime.

3. How is a person's guilt determined in Spanish criminal law?

   Guilt in Spanish criminal law is determined by the existence of criminal conduct, the imputability of the accused, the absence of cause for justification or exculpation, and the causal relationship between the conduct and the result.

4. What is provisional imprisonment in Spanish criminal law? Provisional imprisonment is a precautionary measure applied to those accused of a crime to guarantee their presence at the trial and prevent them from influencing the course of the investigation.

5. What are the most common penalties in Spanish criminal law?
   The most common penalties in Spanish criminal law are imprisonment, fines and disqualification, although sentences of community service, semi-liberty deprivation or conditional release may also be imposed.

6. What is civil liability in Spanish criminal law?
   Civil liability in Spanish criminal law refers to the obligation to repair the damage caused by the crime. It can be demanded through compensation or a fine.

7. How is a criminal procedure initiated in Spain?
   Criminal proceedings in Spain begin with a complaint or a claim filed with a court. The judge conducts the investigation and, where appropriate, orders the opening of an oral trial.

8. Can a minor be tried under Spanish criminal law?
   Yes, minors can be tried under Spanish criminal law, although specific measures are applied to protect their rights and different penalties are imposed on them than those of adults.

9. What is conditional release in Spanish criminal law?
   Conditional release is a measure that allows a convicted person to leave prison before serving the entire sentence, but under certain conditions and supervision.

10. What is the right of defense in Spanish criminal law?
    The right of defense is the right of every accused to be assisted by a lawyer and to have all the necessary guarantees to defend themselves in criminal proceedings.