Spanish Lawbreakers: Consequences And Punishments

Spain has a robust legal system that upholds the rule of law and guarantees the rights and freedoms of its citizens. When a person in Spain breaks the law, they can expect to face legal consequences, including fines, community service, or imprisonment, depending on the severity of the offence. The Spanish Constitution outlines the fundamental rights and duties of citizens, and the country's legal system is based on this Constitution, as well as criminal and civil codes, parliamentary laws, regional laws, and international laws.

The Spanish government has three main branches: the judiciary, the executive, and the legislature. The Ministry of Justice oversees the criminal justice system, which includes national and regional courts. The Supreme Court is the highest court in the land, followed by the National Court and regional high courts.

If someone is accused of breaking the law in Spain, they have the right to a fair trial, legal representation, and the presumption of innocence. The police will investigate the crime and, if there is sufficient evidence, the case will go to trial. The accused has the right to be informed of the charges against them and to remain silent during questioning.

Spain generally has a lower crime rate than most European countries, but crimes do occur, and it is important to know what to do if you are a victim or witness to a crime. If you are a victim of a crime in Spain, you should report it to the police as soon as possible, either in person or by calling the general emergency number 112. It is important to provide official identification and as much information about the crime as possible. The police will then produce a report and initiate an investigation.

In conclusion, while Spain has a strong legal framework and a relatively low crime rate, it is important to be aware of the laws and know your rights and responsibilities as a citizen or visitor to the country.

Criminal liability

In Spain, criminal liability is attributed to legal entities for a range of offences, as outlined in the Criminal Code. This means that companies can be held criminally responsible for the actions of their employees if those actions were carried out during the course of their work duties and intended to benefit the company. This is known as corporate criminal liability.

The Spanish Criminal Code includes a list of over forty offences for which legal entities can be held criminally liable. These include crimes against moral integrity, human trafficking, sexual harassment, prostitution and exploitation of minors, fraud, corruption, environmental crimes, and more.

To prevent criminal liability, companies in Spain are encouraged to implement compliance programs that aim to prevent illegal or unethical behaviour. These programs may include employee training, policies and procedures to ensure legal compliance, and systems for reporting and addressing any potential wrongdoing.

The Spanish Supreme Court has been criticised for resorting to systems theory to determine when a legal person should be punished. This theory assumes that a legal entity has an independent capacity for self-organisation and that any organisational defect is autonomous from the individuals within it. This has led to questions about the applicability of criminal liability to certain types of legal entities, particularly those created to commit crimes and those without a minimum organisational structure.

The Spanish Constitution guarantees the right to a fair trial, legal representation, and protection from self-incrimination. It also establishes the principle of legality, which includes the non-retroactivity of punitive provisions and the prohibition of arbitrary action by public authorities.

Rights of the accused

The rights of the accused in Spain are guaranteed by the Spanish Constitution and are designed to protect individuals during criminal proceedings. Here is an overview of the key rights afforded to those accused of a crime:

• Right to be Informed – The accused has the right to be informed promptly, in a language they understand, of the nature and cause of the accusation against them. They must also be informed of their rights.
• Right to Silence – The accused has the right to remain silent and not plead guilty to the offence they are charged with. They cannot be compelled to make self-incriminating statements.
• Right to a Lawyer – The accused can appoint a private lawyer to be present during questioning. If they cannot afford a lawyer, one will be assigned by the court.
• Right to an Interpreter – If the accused does not understand or speak Spanish, they have the right to the assistance of an interpreter throughout the legal process.
• Right to a Doctor – The accused has the right to be examined by a court-appointed doctor.
• Right to Consular Notification – The consulate office of the accused's home country in Spain must be informed about their arrest.
• Right to be Brought Promptly Before a Judge – An individual who is detained must be brought before a judge within 24 hours of their arrest. If held in custody, they must be brought before a judge within 72 hours, otherwise, they must be released.
• Right to a Fair Trial – The accused has the right to a public trial without undue delays and with full guarantees. This includes the right to be presumed innocent until proven guilty and to present appropriate evidence for their defence.
• Right to Appeal – The accused has the right to appeal a conviction and seek a review of the judgment and sentence.
• Right to Humane Treatment – The accused must be treated humanely and with respect for their dignity and fundamental rights. They must not be subjected to torture or inhumane or degrading treatment.
• Right to Access Information – The accused has the right to access information related to the investigation and charges against them.
• Right to a Speedy Trial – Criminal proceedings should be conducted without undue delay, and the accused has the right to a resolution of the proceedings within a reasonable time.
• Right to Compensation – If the accused is wrongfully convicted or detained, they have the right to compensation for any damage caused.

These rights are essential to ensure a fair and just legal process for individuals accused of crimes in Spain. It is important to note that specific procedures and requirements may apply based on the nature of the crime and the individual's circumstances.

Prison conditions

The prison day starts at 7:45 am when officers do a cell count, and doors to the cells open at around 8:30 am. At 9:00 or 10:00, prison activities start. Lunch is called at around 1:00 pm, and a cell count is done again at 2:00 pm, with lockup until 4:30 pm in winter and 5:00 pm in summer. Prisoners are served dinner at around 7:00 pm and return to their cells for the night.

Prisoners are allowed to phone their family once they authorize the number, and they can have visits in a closed room with a bed and shower. These visits last for an hour and a half and are usually with friends and family, although, in reality, friends are often not allowed. There are also weekly visits behind glass, for which prisoners must authorize the names and passport numbers of those who will visit.

The prison food is reportedly bad, and tap water is unsafe to drink. Poverty is a significant issue, and unless prisoners have work or financial help, life is tough. Getting a paid job is down to luck, and temporary release is difficult to obtain.

The prison health system is reportedly deficient, with a lack of medical staff to meet prisoner demand. The use of restraint is also considered excessive and does not meet European standards. Prisoners can be tied to a bed for several hours or days without adequate supervision or records of these incidents.

Punishment

The Spanish Constitution guarantees the rights and liberties of Spaniards and foreigners in Spain. It also ensures that no one may be convicted or sentenced for actions or omissions that did not constitute a criminal offence, misdemeanour or administrative offence under the law at the time.

The Spanish legal system provides for the right to a fair and public trial, and an independent judiciary enforces this right. The country has a functioning bail system, and courts may release defendants on bail unless they believe the defendants might flee, destroy evidence, or threaten public safety.

The Spanish Penal Code outlines the punishments for various crimes. For example, the crime of robbery is defined in Article 237 of the Penal Code and includes robbery using force upon objects, robbery using violence or intimidation upon people, and robbery and theft using motor vehicles. Punishments for robbery will depend on the circumstances, such as whether the robbery occurred in an inhabited house or if the victim was a minor.

In the case of robbery using force upon objects, the penalty is 1 to 3 years of prison. This penalty increases to 2 to 5 years when the robbery occurs in a inhabited house, apartment, or store open to the public. For crimes of violence or intimidation, the Penal Code establishes a prison sentence of 2 to 5 years. The robbery is considered more severe if the crime is committed in a inhabited household or if the perpetrator was armed or used other dangerous objects.

Other crimes outlined in the Penal Code include crimes against moral integrity, human trafficking, sexual harassment, prostitution and exploitation of minors, fraud, computer damages, crimes against intellectual and industrial property, and corruption offences. Punishments for these crimes can include prison sentences, fines, or both.

It is important to note that Spain has abolished the death penalty, except as provided for by military criminal law in times of war.

Appeals

The Spanish Constitution provides for the right to a fair and public trial, and an independent judiciary generally enforces this right.

The government had mechanisms in place to identify and punish officials who commit human rights abuses or engage in corruption.

The law provides for the right of any person to challenge the lawfulness of their arrest or detention in court. The government generally observed these requirements.

The law permits police to apprehend suspects for probable cause or with a warrant based on sufficient evidence as determined by a judge. With certain exceptions, police may not hold a suspect for more than 72 hours without a hearing. In certain rare instances involving acts of terrorism, the law allows authorities, with the authorization of a judge, to detain persons for up to five days prior to arraignment.

The country has a functioning bail system, and the courts released defendants on bail unless they believed the defendants might flee, destroy evidence if released, or threaten public safety. If a potential criminal sentence is less than three years, the judge may decide to set bail or release the accused on their own recognizance. If the potential sentence is more than three years, the judge must set bail to release the accused.

The law provides detainees the right to consult a lawyer of their choice. If the detainee is indigent or does not select a lawyer, the government appoints legal counsel.

Frequently asked questions