CRIMINAL LAW
C
riminal Law stands out as one of the most sensitive areas at the legal profession, since it affects the essential rights such as the right to freedom, focused as the right of not being restricted neither the person’s autonomy nor the freedom of movement.
From the moment a person may be affected by a criminal procedure, will fall on him the risk of a penalty as the deprivation of liberty, through the entry in a detention center, which will become an extraordinary concern for the affected, as well as for his lawyer who will assume responsibility of his defense knowing the consequences for his client of a conviction.
Our Constitution establishes the principle of presumption of innocence which means that any citizen has the right not to be found guilty unless this citizen was convicted by a fair trial.
In the same way, the proportionally principle, the principle of equality and the principle of prohibition to punish a same act twice are principles that rule in Criminal Law.
In our legal system, the Criminal Code regulates the various types of acts and behaviors that are considered crimes and the Law of Criminal Procedure establishes the procedural processing of these cases.
This other principle, that governs in Criminal Law, known as the classification of a crime, implies that a person can only be condemned for those conducts that are typified as an offense in the Criminal Code.
For years we take care of those who at some point of their lives are facing a case of this type, either as harmed or as a defendant.
Our capability to defense the rights of our clients and the assistance we provide so that they feel accompanied and advised in light of the difficulty that supposes being actively or passively affected by a criminal case, is beyond doubt.
WOULD YOU LIKE TO GET MORE INFORMATION?
Visit our Criminal Law page for more information
Related Posts
What is the Misdemeanor Trial?
You may not have known this, but one of the most important changes in Spanish law is the introduction of the misdemeanor trial. A procedure that replaces what was previously known as misdemeanors and changes the legal landscape. Discover what the misdemeanor trial is all about Whether you have known it before as misdemeanors or more currently as misdemeanor prosecution,…
Cannabis associations
The constitution of associations for the personal use of cannabis are having a great boom in Spain to what has not been alien, on one hand, the more tolerant treatment of the Justice towards the use or self-consumption of cannabis and other substances and on the other hand, the facilitation provided by the Local Corporations of the obtaining of permits…
Compensation for prison
We have in several articles reiterated previously the change of criterion adopted by the Supreme Court in relation to the right of those who have experienced a situation of custody to be compensated in cases of not guilty plea or in cases of dismissal. We have already pointed out that compared to the previous criterion that now exists, the Supreme…
Misappropiation
The Court of Instruction No. 3 of Torrevieja, in the proceedings Diligencias Previas No. 1861/2018, has agreed at the request of criminal lawyers of Carlos Baño Leon, involve, as a secondary civil liable, in a criminal proceeding that we were following, a well-known real estate agency of multinational scope, and given that its strong geographical location is usually franchisor, for…
Misappropiation, fraud and insolvency offence
The Magistrate’s court (Juzgado de Instrucción) no 1 of Benidorm in the criminal pre-trial proceedings no 4391/22014 has dismissed the criminal actions for misappropriation, fraud and insolvency offence, which for three years have been in process against two of our customers, of German and Austrian nationality, of this criminal specialist law firm of Carlos Baño León in Alicante. The proceedings…
Sexual assault crime. Criminal Lawyers Carlos Baño León.
Carlos Baño León’s criminal lawyers are legally assisting an Irish girl who was object of a sexual assault a year ago in Benidorm. Our criminal lawyers had appeared and are present in the criminal proceedings and have requested the examination of forensic evidence for the confirmation of the rape. The practice of this report has been positive and supposes a…
Misappropriation, compensation for damages and civil liability
The actions that Carlos Baño Leon’s criminal lawyers of Alicante have carried out in the Criminal Court no 1 of Lleida and in Criminal pre-trial proceedings no 1708/2015-M have resulted in an important English company, client of this Alicante law firm, having obtained in its favour a high civil liability compensation, paid by the accused to avoid a conviction in…
Subsequent compensation for pretrial detention after an acquittal obtained by the Constitutional Court
Until today in Spain it wasn’t usual to obtain a compensation for having been on pretrial detention despite having obtained an acquittal in a trial. In these cases, the Law only recognized this right to be compensated in the event that an acquittal had been obtained for proving the innocence of the person, that is, after being proved that the crime…
DO YOU WISH TO MAKE AN ONLINE CONSULTATION?
First inquiry is always free