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The Criminal Code is a fundamental law of the Spanish criminal law, because it is a limit to the ius puniendi (or «right to punish») of the State. The Code was enacted by the Spanish Parliament on 8 November 1995 [1] and it was published in the Official State Gazette (BOE) on 23 November. [2] The Code is in force since 25 May 1996. [2] Since ...
Operation of the Spanish judiciary is regulated by Organic Law 6/1985 of Judicial Power, Law 1/2000 of Civil Judgement, Law of September 14 1882 on Criminal Judgement, Law 29/1998 of Administrative Jurisdiction, Royal Legislative Decree 2/1995, which rewrote the Law of Labour Procedure, and Organic Law 2/1989 that regulates Military Criminal ...
Spanish law follows the continental system, which means it is supported principally by the law in the broad sense (laws and regulations) and to a lesser extent by judicial decisions and customs. Likewise, it is a complex law, in which various autonomous community legislation coexists with the national.
Homicide, according to the Spanish Criminal Code of 1995, is a crime which contravenes the legal right to "independent human life". It is found in article 138 which states: "Whoever kills another shall be convicted of manslaughter, punishable with a sentence of imprisonment from ten to fifteen years".
Instances of robbery are particularly widespread. As of 2020, Spain had the second highest recorded instances of theft in the EU. [3] One of the often cited reasons for this is a national law that states that theft of anything worth less than €400 ($459) is not a crime, but a misdemeanor.
In addition to legal practice as a lawyer, he held the position of judge (substitute) in the Provincial Court of Biscay, as a criminal judge, between 1995 and 2000. He is an expert in criminal law, European criminal law, economic criminal law (economic crimes and property crimes, environmental and urban crime and public corruption. [18] [1] [19]
A constitutional law lecturer at Spanish UNED university, Lucrecio Rebollo, said even if such a law were passed, judges could interpret it differently to its authors.
Article 70 of the Spanish Criminal Code of 1973 prescribed a maximum length of physical imprisonment of up to 30 years (there is no sentencing limit), and Henri "Unai" Parot was sentenced to a total of 4,797 years. This 30-year maximum could be further reduced by good behaviour and participation in rehabilitative measures such as work and study.