Francisco Javier Martín Porras

Criminal law Practical guidesOnline shopping scams in Spain: how to claim and recover your money

Fake shops, sellers who vanish after payment, goods that never arrive. Under Article 248 of the Spanish Criminal Code this is fraud. The first steps, the criminal, civil and consumer routes, chargebacks and why acting fast is decisive.

Criminal law Practical guidesOnline insults and slander in Spain: what the Criminal Code says and how they are proved

Social media and online anonymity have multiplied insults (injurias) and slander (calumnias) on the internet. Spain applies the traditional offences with specific rules: publicity as an aggravating factor, digital evidence and precautionary measures against the content.

Criminal law Practical guidesExtortion in Spain: what distinguishes it from robbery and coercion

Extortion (Article 243 of the Spanish Criminal Code) is often confused with robbery and coercion. What it is, the key differences, why the legal classification decides the sentence, and how the defence is built.

Criminal law Practical guidesCan they ask for a copy of your ID document in Spain? What the Data Protection Agency says

Hotels, gyms, banks and companies in Spain often ask for a copy of your DNI, passport or residence card. The Spanish Data Protection Agency says it is not always lawful. When it is, when it is not, and what to do if your document has been misused.

Criminal law Practical guidesArrested in Madrid: what to do in the first 24 hours

If a relative has been arrested in Madrid, what is done in the first 24 hours shapes the whole case: rights under Article 520 LECrim, the police statement, the duty court at Plaza de Castilla and what the family can do right now.

Criminal law Practical guidesCan the police search your mobile phone without a court order in Spain?

As a general rule, no: in Spain access to the contents of a mobile phone requires a reasoned court authorisation (Articles 588 sexies a et seq. LECrim). The exceptions, what to do if the police ask for your phone, and why unlawfully obtained evidence is void.

Criminal law Practical guidesFast-track criminal trial in Spain: how the plea agreement and the one-third sentence reduction work

In a Spanish fast-track trial (juicio rápido) the accused can accept the prosecutor’s request before the duty court and obtain an automatic one-third reduction of the sentence. When it is worth it and when it is not.

Criminal protection of LGBTQ+ people in Spain: hate speech, the discrimination aggravating factor and the burden of proof

Case law and legal doctrine Criminal lawCriminal protection of LGBTQ+ people in Spain: hate speech, the discrimination aggravating factor and the burden of proof

An overview of Spanish equal treatment legislation and of the applicable criminal provisions, explaining why the reversal of the burden of proof does not operate in criminal proceedings.

Case law and legal doctrine Criminal lawTwenty-six days of full board without paying: when a hotel debt stops being civil and becomes fraud

The Provincial Court of Castellón imposes one year of imprisonment by conformity judgment on a guest who left a hotel after twenty-six days without paying 2,283 euros. Analysis of antecedent intent.

Case law and legal doctrine Criminal lawTen ATM withdrawals with the cared-for person’s card: the conviction is measured operation by operation

The Provincial Court of Salamanca imposes one year and eleven months of imprisonment for ten ATM withdrawals made with the card and PIN of a woman of ninety-seven, excluding the operations that were not proved.

Newer Posts

Older Posts