The jurisdiction of judges and courts in Spain in the criminal field
Have you suffered any crime in Spanish territory? Have you witnessed a criminal act being committed in Spain and you don’t know where the facts may be investigated? In the following lines, the English speaking criminal lawyers at our offices in Marbella will give you a first approximation to the jurisdiction, determining the body in charge of the investigation of the facts that could have criminal characteristics.
Matters of jurisdiction are an essential element in the investigation of a criminal act, because knowledge of the case by a judicial body that is not called upon by law to carry out an investigation or to prosecute and rule on the case could render that procedure null and void, since it violates the provisions of Article 117 of the EC, as well as Article 24(2) of the EC, and the right of the ordinary judge predetermined by law, which implies that the judge must determine the criminal act before it is committed, outlawing what are known as ad hoc courts.
The ordinary judge predetermined by law in Spain
The Spanish Constitution configures the judicial power as an independent power, being the only power of the State to which the name of power is given.
The Spanish judicial system configures as one of the essential pillars of the Administration of Justice the determination of the ordinary judge predetermined by the Spanish law, as a preposition of the jurisdiction and arising directly from the separation of powers.
Going deeper into this idea, the Spanish Constitution configures the judicial power as an independent power, signed in Title VI of the Spanish Constitution
Preliminary rulings in the criminal field in Spain
The Spanish law of criminal prosecution introduces preliminary rulings as a key issue regarding the complexity of criminal offenses in Spain
Jurisdiction for the sole purpose of repression
The jurisdiction of the criminal courts in Spain is one of the most important procedural matters, since its non-observance can have such a relevant consequence as the violation of the constitutional guarantee of the ordinary judge predetermined by law in article 24 of the Spanish constitution, sanctioning its non-observance with the nullity of the act.
In this scenario, and in front of the complexity of the criminal definitions, which on many occasions make it necessary to define the regulatory elements of the criminal definitions, the need arises for the judicial body to deal with these elements solely for this procedure. This question is covered by the Spanish law of criminal procedure in Chapter II, Title I of Book I, under the heading “Preliminary rulings”, to which the law devotes only 5 articles.
The defender of a disappeared person in Spain
Do you have a family member who is missing in Spain who has assets or rights? Are there interests in Spain of a missing relative whose business cannot be disregarded without serious prejudice?
Our law firm in Marbella can assist you in the appointment of a legal defender in Spain so that he meets the legitimate rights of this person.
Contact the lawyers of Welex, your law firm in Marbella specialized in litigation in Spain.
The objective situation of any person that has gone missing from his last domicile or residence without having any more news from them causes the need to articulate a protection mechanism regarding the legitimate rights and interests of both the missing person and third parties, by ensuring traffic and legal security in businesses that depend on them.
The civil code in Spain includes the assumption of disappearance in article 181, book one, title eight, first chapter including this last article under the heading of the declaration of absence and its effects.