Lawyer in Spain/Crime

Life Events in Spain

Protection for Domestic Violence Victims
8.Dec.15 - 9.00pm

In Spain, the first legislative regarding violence against women came into light in the beginning of the 21st century: the Organic Law 11/2003, of September, of Concrete Measures in Citizen Security, Domestic Violence and Social Integrations of Foreigners was the first legal measure that dealt witjh domestic violence; the Organic Law 15/2003 of 25 November that modifies the Organic Law 10/1995, of 23 November, of the Penal Code, changed some provisions of the Penal Code for covering domestic violence crimes; and the Law 27/2003, of 31 July, regulating the Protection Order for Domestic Violence Victims, which unified all protection instruments for the victim foreseen in the legal system (penal, civil, and protection and social assistance) with the need of a unique request form.
However, it was not until 2004 that a specific legal regulation for the issue of violence against woman came into force in Spain. It is the so-called Integral Protection Law Against Gender Violence, Organic Law 1/2004, of 28 December.
In another sence, in March 2007, entered into force the Organic Law 3/2007, of 22 March, for the effective equality between men and women, which aims to make effective the right to equality of treatment and opportunities between women and men, by the elimination of the discrimination against women in any sphere of the life and, in particular, in the political., civic, labour, economic, social and cultural ones.
Last modification in this matter was given by Organic Law 1/2015, of 30 March.

Drink Driving Law - On felonies against road safety.
10.May.12 - 11:00 am

Any person who is driving, attempting to drive, or in charge of a motor vehicle on the road, or in a public place, may be required by the police to provide a breath test, to ascertain whether they are over the prescribed limit of alcohol - 60 micrograms of alcohol per 100 millilitres of breath (or 120 milligrams of alcohol per 100 millilitres of blood). The article 379 of the Spanish Criminal Code refer to this crime.

1.- Whoever drives a motor vehicle or a moped at speed that exceeds the speed permited by law by sixty kilometres per hour in urban street, or by eighty kilometres per hour on non-urban roads, shall be punished with a sentence of imprisonment from three to six months, or with that of a fine from six to twelve months, or with that of community service from thirty one to ninety days, and, in all cases, with that of deprivation of the right to drive motor vehicles and mopeds for a term exceeding one and up to four years.

2.- The same penalities shall be applied to whoever drives a motor vehicle or moped under the influence of toxic drugs, narcotics, psychotropic substances or alcoholic beverages. In all cases, whoever drives with a rate of alcohol in expired air exceeding 0.60 milligrams per litre, or a rate of alcohol in the blood exceedings 1.2 grams per litre, shall be sentenced to those penalities.

If you fail to supply a breath specimen, or you refuse, you will have commited an offence under the article 383 of the Spanish Criminal Code.

The driver who, when required to by law-enforcement officer, refuses to submit to the legally established alcohol level test, and those for the presence of toxic drugs, narcotics and psychotropic substances referred to in the precedings Articles, shall be punished with imprisonment of six months to one year and deprivation of the right to drive motor vehicles and mopeds for a term exceeding one to up four years.

Right of victims of crime in criminal proceedings
1.Jul.13 - 7:00am

You will be considered a victim of crime if you have suffered damage, e.g. you have been injured or your property has been damaged or stolen, etc. as a result of an incident, which constitutes a crime according to spanish law. As a victim of crime, the law grants you certain individual rights before, during and after court proceedings (trial).

Criminal proceedings in Spain start with investigation of the crime, conducted by the judicial police under the supervision of an examining magistrate. At the end of the investgation the examining magistrate sends the case to the public prosecutor who decides what to do next. If there are not sufficient reasons to press charges against the offender the public prosecutor will close the case. Otherwise, the prosecutor has to bring the case to the court for trial.

During the trial the court examines the evidence and decides whether the alleged offender is guilty or not. If the offender is found guilty the court will impose a penality.

You as victim can take part in criminal proceedings as a witness or have a more active role by formally becoming a private prosecutor and thus benefit from additional right available to you.

Criminal Code

article 109

Perpetration of an act defined as felony or misdemeanour by Law shall entail, pursuant to the provisions contained in the laws, to repair the damages and losses caused thereby.
In all cases, the party damaged may opt to sue for civil liablity before the Civil Jurisdiction.

article 110

The liability established in the preceding Article includes:

Restitution;
Reparing the damage;
Compensation of material and moral damage.

Criminal Law
1.Aug.15 - 09:00am

Arrest under Criminal Prosecution Act.

In Spain an offece normally first come to the notice of the police when the injuried party makes a report or complaint (denuncia) or when the police are called to the secene of a reported crime. However, in some instances (e.g. as a result of enquiries or traffic offences) the police themselves make the initial complaint (atestado policial).

Under the Crimininal Prosecution Act the Police should inform the nearest Consulate of the arrest for all foreigners if he/she agree to them doing so. A consular officer will then offer consular assistance to the detainee as soon as possible after receiving notification of the arrest.

Upon arrest a person should be informed of the reason for his/her arrest and of his/her rights. If they have insufficient knowledge of Spanish an interpreter should be insisted upon. In 2010 the EU adopted legislation that entitles defendants in criminal proceedings to interpretation and translation services in languages they understand. Suspected or accused persons who do not understand the language of the proceedings must be provided with a written translation of the documents that are essential for them to exercice their rights of defense. This includes:

- any decision depriving a person of his liberty.

- any charge or indictment, and

- any judgment.

What rights are protected under the Europen Convention on Human Right in Spain.
12.Sep.14 - 6:00pm

Right to life. The right to life means public authorities have a duty not to end your life except in very limited situations.
Respect for your family and private life, your home and correspondence. Its means you have the right to live your life with privacy and without interference by the state. It covers things like: your sexuality, your body, personal identity and how your look and dress, forming and maintaining relationships with other people, how your personal information is held and protected.
The right to liberty and security. This means you mustn´t be imprisoned or detained unless there´s a law which allows it and the correct procedure is followed.
The right not to be tortured of treated in an inhuman or degrading way. Inhuman treatrement is ill-treatment which causes you severe mental or phisical suffering. Degrading treatment is treatment which is grossly humiliating or undignified. Very severe forms of discrimination or harassment could be degrading treatment.
Your right to a fair trial. A fair trial means you have the right a hearing which is: fair, public, heard by an independent and impartial court or tribunal, head within a reasonable time. If you´re going to court, this means you have the right to - e.g. present your case before a decisionis made, see your opponent´s documents and evidence, be given reasons for the decision, have your case heard without excessive delays.
The right to freedom of religion and belief. This is and absolute right which means it can´t be interfered with by the state. Its also means you can´t be forced to have a particular religion.
Other rights protected under European Convention on Human Rights. Your right to freedom of expression, your right to non-discrimination, protection of property, your right to education, the right not to be held guilty of a criminal offence for an act which didn´t constitute a criminal offence at the time it was committed, the right to peaceful demonstrations and the right to join and form trade unions, the right to marry and found a family and prohibition of slavery and forced labour.


Home Get Divorced Real Estate Contact	.	Life Events in Spain Protection for Domestic Violence Victims 8.Dec.15 - 9.00pm In Spain, the first legislative regarding violence against women came into light in the beginning of the 21st century: the Organic Law 11/2003, of September, of Concrete Measures in Citizen Security, Domestic Violence and Social Integrations of Foreigners was the first legal measure that dealt witjh domestic violence; the Organic Law 15/2003 of 25 November that modifies the Organic Law 10/1995, of 23 November, of the Penal Code, changed some provisions of the Penal Code for covering domestic violence crimes; and the Law 27/2003, of 31 July, regulating the Protection Order for Domestic Violence Victims, which unified all protection instruments for the victim foreseen in the legal system (penal, civil, and protection and social assistance) with the need of a unique request form. However, it was not until 2004 that a specific legal regulation for the issue of violence against woman came into force in Spain. It is the so-called Integral Protection Law Against Gender Violence, Organic Law 1/2004, of 28 December. In another sence, in March 2007, entered into force the Organic Law 3/2007, of 22 March, for the effective equality between men and women, which aims to make effective the right to equality of treatment and opportunities between women and men, by the elimination of the discrimination against women in any sphere of the life and, in particular, in the political., civic, labour, economic, social and cultural ones. Last modification in this matter was given by Organic Law 1/2015, of 30 March. Drink Driving Law - On felonies against road safety. 10.May.12 - 11:00 am Any person who is driving, attempting to drive, or in charge of a motor vehicle on the road, or in a public place, may be required by the police to provide a breath test, to ascertain whether they are over the prescribed limit of alcohol - 60 micrograms of alcohol per 100 millilitres of breath (or 120 milligrams of alcohol per 100 millilitres of blood). The article 379 of the Spanish Criminal Code refer to this crime. 1.- Whoever drives a motor vehicle or a moped at speed that exceeds the speed permited by law by sixty kilometres per hour in urban street, or by eighty kilometres per hour on non-urban roads, shall be punished with a sentence of imprisonment from three to six months, or with that of a fine from six to twelve months, or with that of community service from thirty one to ninety days, and, in all cases, with that of deprivation of the right to drive motor vehicles and mopeds for a term exceeding one and up to four years. 2.- The same penalities shall be applied to whoever drives a motor vehicle or moped under the influence of toxic drugs, narcotics, psychotropic substances or alcoholic beverages. In all cases, whoever drives with a rate of alcohol in expired air exceeding 0.60 milligrams per litre, or a rate of alcohol in the blood exceedings 1.2 grams per litre, shall be sentenced to those penalities. If you fail to supply a breath specimen, or you refuse, you will have commited an offence under the article 383 of the Spanish Criminal Code. The driver who, when required to by law-enforcement officer, refuses to submit to the legally established alcohol level test, and those for the presence of toxic drugs, narcotics and psychotropic substances referred to in the precedings Articles, shall be punished with imprisonment of six months to one year and deprivation of the right to drive motor vehicles and mopeds for a term exceeding one to up four years. Right of victims of crime in criminal proceedings 1.Jul.13 - 7:00am You will be considered a victim of crime if you have suffered damage, e.g. you have been injured or your property has been damaged or stolen, etc. as a result of an incident, which constitutes a crime according to spanish law. As a victim of crime, the law grants you certain individual rights before, during and after court proceedings (trial). Criminal proceedings in Spain start with investigation of the crime, conducted by the judicial police under the supervision of an examining magistrate. At the end of the investgation the examining magistrate sends the case to the public prosecutor who decides what to do next. If there are not sufficient reasons to press charges against the offender the public prosecutor will close the case. Otherwise, the prosecutor has to bring the case to the court for trial. During the trial the court examines the evidence and decides whether the alleged offender is guilty or not. If the offender is found guilty the court will impose a penality. You as victim can take part in criminal proceedings as a witness or have a more active role by formally becoming a private prosecutor and thus benefit from additional right available to you. Criminal Code article 109 Perpetration of an act defined as felony or misdemeanour by Law shall entail, pursuant to the provisions contained in the laws, to repair the damages and losses caused thereby. In all cases, the party damaged may opt to sue for civil liablity before the Civil Jurisdiction. article 110 The liability established in the preceding Article includes: Restitution; Reparing the damage; Compensation of material and moral damage. Criminal Law 1.Aug.15 - 09:00am Arrest under Criminal Prosecution Act. In Spain an offece normally first come to the notice of the police when the injuried party makes a report or complaint (denuncia) or when the police are called to the secene of a reported crime. However, in some instances (e.g. as a result of enquiries or traffic offences) the police themselves make the initial complaint (atestado policial). Under the Crimininal Prosecution Act the Police should inform the nearest Consulate of the arrest for all foreigners if he/she agree to them doing so. A consular officer will then offer consular assistance to the detainee as soon as possible after receiving notification of the arrest. Upon arrest a person should be informed of the reason for his/her arrest and of his/her rights. If they have insufficient knowledge of Spanish an interpreter should be insisted upon. In 2010 the EU adopted legislation that entitles defendants in criminal proceedings to interpretation and translation services in languages they understand. Suspected or accused persons who do not understand the language of the proceedings must be provided with a written translation of the documents that are essential for them to exercice their rights of defense. This includes: - any decision depriving a person of his liberty. - any charge or indictment, and - any judgment. What rights are protected under the Europen Convention on Human Right in Spain. 12.Sep.14 - 6:00pm Right to life. The right to life means public authorities have a duty not to end your life except in very limited situations. Respect for your family and private life, your home and correspondence. Its means you have the right to live your life with privacy and without interference by the state. It covers things like: your sexuality, your body, personal identity and how your look and dress, forming and maintaining relationships with other people, how your personal information is held and protected. The right to liberty and security. This means you mustn´t be imprisoned or detained unless there´s a law which allows it and the correct procedure is followed. The right not to be tortured of treated in an inhuman or degrading way. Inhuman treatrement is ill-treatment which causes you severe mental or phisical suffering. Degrading treatment is treatment which is grossly humiliating or undignified. Very severe forms of discrimination or harassment could be degrading treatment. Your right to a fair trial. A fair trial means you have the right a hearing which is: fair, public, heard by an independent and impartial court or tribunal, head within a reasonable time. If you´re going to court, this means you have the right to - e.g. present your case before a decisionis made, see your opponent´s documents and evidence, be given reasons for the decision, have your case heard without excessive delays. The right to freedom of religion and belief. This is and absolute right which means it can´t be interfered with by the state. Its also means you can´t be forced to have a particular religion. Other rights protected under European Convention on Human Rights. Your right to freedom of expression, your right to non-discrimination, protection of property, your right to education, the right not to be held guilty of a criminal offence for an act which didn´t constitute a criminal offence at the time it was committed, the right to peaceful demonstrations and the right to join and form trade unions, the right to marry and found a family and prohibition of slavery and forced labour.	.	Information on Inheritance Tax for non residents Taxpayers All heirs, legatees and beneficiaries who do not have their usual residence in Spain are liable to this tax, residents in Spain are also liable for this tax when the person making the bequest (deceased person) did have their habitual residence in Spain. Usual residence is determined in accordance with the Income Tax Regulations (Legislative Royal Decree 3/2004). FAQ Under the Double Taxation Agreements signed by spain, where is income derived from real estate asset taxed? All the Double Taxation Agreements signed by Spain follow the criteria established by the OECD Model Agreement in that they attribute the right to tax income derived from the real estate assests to the State where such assets are located. This criteria is applied whatever the income obtained from real estate, rental, use of housing, etc. For assets acquired before 09.06.96 and transferred from 01.01.97, what is the length of time that the asset must be held in the estate of the individual taxpayer so that the capial gain is not subject to tax? Previosly, the length of time for holding an assets is calculated based on the number of years between the asset acquisition date and 31.12.96, rounded upwards. Consequently, in order for the capital gain not to be subject to tax, the aforementioned period must be: More than 5 years for officially quoted shares, excluding those of Real Estate Investiment Organisations. More than 10 years for buildings or the rights to enjoy them. More than 8 years for other assets (for example, shares in investiment funds).