Criminal law

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...

Economic crime and compliance Criminal compliance: how a compliance programme can exempt the company from liability Since 2010, legal entities have been criminally liable in Spain. An effective prevention model can avoid conviction, but only if it is real and not made of paper. Since the 2010 reform introduced the criminal liability of legal entities,...

Procedural safeguards The rights of detainees in Spain: legal assistance, time limits and habeas corpus What the police can and cannot do during an arrest, and which safeguards protect the detained person from the very first minute. Being arrested is one of the most distressing situations a person can experience. In those first moments, knowing...

Extradition and international cooperation International letters rogatory: how judicial cooperation in criminal matters works between countries When a crime crosses borders, judges and prosecutors need another State’s collaboration to take evidence, serve decisions or trace assets. This is how that assistance is organised. Crime rarely respects borders. A fraud committed from a server abroad, a...

Extradition and international cooperation The European arrest warrant (EAW): what it is and how it works The instrument that replaced classic extradition between EU countries, with fast time limits and a strictly judicial decision. When a person wanted by the courts of one European Union country is found in another Member State, the slow classic...

Companies and economic crime Shareholder disputes in Spain: when they cross the criminal line A shareholder dispute is, first and foremost, a commercial-law dispute. But there is a point at which it crosses the criminal line, and knowing where that point lies is what separates a criminal complaint that prospers from one that is dismissed....

Companies and economic crime Digital evidence in corporate criminal cases: whoever dominates the information wins Challenging imagings and chains of custody, dismantling expert methods and dominating the investigation instead of the trial. The case file has twenty volumes, fifty thousand emails and three contradictory expert reports. The hearing lasts five days. And the defence that...

Companies and economic crime Internal investigations: the report that protects the company, and the one that sinks it The window before the Prosecution, the four limits, external professional secrecy and the three legitimate exits. The company commissions an internal investigation, the report concludes there is nothing, and that report ends up being the main prosecution...