The Provincial Court of Pontevedra fixes the starting point of the limitation period for fraud against European Union budgets at the final determination of the sum owed.
The Spanish Supreme Court upholds a murder conviction resting solely on circumstantial evidence and raises the sentence to a reviewable permanent prison term for the victim’s particular vulnerability.
The Provincial Court of Alava upholds the acquittal of twenty-one people and delimits the elements of Article 172 quater of the Spanish Criminal Code: acts of sufficient gravity to undermine freedom are required.
The Spanish Supreme Court excludes the aggravation of Article 197(7) of the Criminal Code in the covert recording of a former partner: the aggravation presupposes a recording obtained with consent and later disseminated.
Prison law Conditional release in Spain: requirements, time thresholds and how it is processed The final phase of serving a sentence allows it to be completed in liberty, but demands the third prison degree, a favourable prognosis and precise time thresholds. Conditional release is, for many prisoners and their families, the horizon that gives meaning...
Money laundering and crypto-assets The MiCA Regulation: Europe’s new crypto-asset rules and the end of the transitional period in Spain Europe launches a common framework for cryptocurrency and, in Spain, the margin for operating without authorisation has run out. Quick keys: MiCA is Regulation (EU) 2023/1114 on markets in crypto-assets; it applies directly across the...
Criminal law Drink-driving and drugs at the wheel: when a traffic infringement becomes a crime in Spain Not every alcohol level or presence of drugs has the same legal consequence. The line between an administrative penalty and a criminal offence can mean prison, a fine or losing your licence. Every weekend, alcohol and drug checks...
Criminal process When does an offence become time-barred? Limitation periods in the Spanish Criminal Code If an offence is not prosecuted within its limitation period, it can no longer be punished. These are the periods and the rules for calculating them. Limitation extinguishes criminal liability through the passage of time: if the offence is not...
Digital evidence Is a WhatsApp conversation valid evidence at trial? A practical guide A WhatsApp conversation can count as evidence, but its effectiveness depends on how it is obtained, preserved and submitted. WhatsApp screenshots arrive at the courts every week: threats, agreements, fraud or coercion are today argued over through messaging conversations. The short answer...
Technology crime Can the money from an online scam be recovered? Steps and time limits The first 48 to 72 hours are decisive: acting quickly with the bank and the police multiplies the chances of blocking or recalling the transfer. Being scammed on the internet does not mean the money is lost. The first 48...
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