Abbreviated vs Ordinary Criminal Procedure in Spain: Differences and Appeals
In Spanish criminal procedure, the abbreviated procedure (procedimiento abreviado) applies to offences punishable by up to nine years in prison, while the ordinary procedure by sumario (procedimiento ordinario por sumario) is reserved for the most serious offences, above that line. Both are governed by the Spanish Criminal Procedure Act (Ley de Enjuiciamiento Criminal, LECrim): the […]
EU Sanctions and Corporate Criminal Liability in Spain
EU international sanctions are restrictive measures (asset freezes, trade embargoes, bans on dealing with listed parties) adopted to advance the Union’s foreign and security policy. The point this guide makes, and that most trade and compliance guides skip, is the criminal one: under Directive (EU) 2024/1226 of 24 April 2024 the violation of EU restrictive […]
Money Laundering in Spain: Penalties and Defence
Money laundering means acquiring, possessing, using, converting or transferring assets while knowing they derive from criminal activity, or carrying out any act to conceal or disguise that illicit origin. It is set out in articles 301 to 304 of the Spanish Criminal Code (Código Penal) and, in its basic form, is punished with six months […]
Clearing a Criminal Record in Spain: Rules and Time Limits
Clearing a criminal record in Spain means having the Ministry of Justice delete a conviction from the Central Register of Convicted Persons once a set period has passed without reoffending. It is governed by article 136 of the Spanish Criminal Code, with periods running from six months for minor penalties to ten years for serious […]
Passive vs Active Extradition in Spain: Differences & Authorities
Active extradition is when Spain requests another state to surrender a person; passive extradition is when Spain receives a surrender request from another country. Passive extradition, the form that affects anyone on Spanish soil, is governed by Law 4/1985 of 21 March on Passive Extradition; active extradition by articles 824 and following of the Criminal […]
Fraud (Estafa) in Spain: Types, Penalties and Defence
In Spanish law, fraud (estafa) means using sufficient deception, with intent to profit, to induce another person into a disposition of assets that causes loss, to themselves or to a third party. It is set out in articles 248 to 251 of the Spanish Criminal Code (Código Penal). Basic fraud carries six months to three […]
Habeas Corpus in Spain: What It Is, When It Applies and How to Request It
Habeas corpus is the safeguard that allows anyone unlawfully detained in Spain to be brought immediately before a judge, who reviews whether the deprivation of liberty is lawful and, if it is not, orders their release. It is recognised in article 17.4 of the Spanish Constitution and regulated by Organic Law 6/1984 of 24 May […]
Fraud (Estafa) in Spain: Types, Penalties and Defence
In Spanish law, fraud (estafa) means using sufficient deception, with intent to profit, to induce another person into a disposition of assets that causes them loss. It is set out in articles 248 to 251 of the Criminal Code, among offences against property and the socioeconomic order, alongside figures such as money laundering in Spain. […]
Clearing a Criminal Record in Spain: Requirements and Time Limits
Clearing a criminal record in Spain is the right to have the Central Criminal Records Registry delete a conviction entry once certain requirements are met. It is governed by article 136 of the Criminal Code, with periods from six months for minor penalties to ten years for serious ones. Clearing it on time stops the […]
What Is an Interpol Red Notice and How It Affects You
An Interpol Red Notice is a request that Interpol circulates to its 196 member countries to locate and provisionally arrest a person at the request of a state. It is not an international arrest warrant and obliges no country to arrest: each state decides under its own law, and what usually follows is an extradition […]