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

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20 marzo 2020/por adminproseo

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

By Welex, your criminal lawyer in Marbella!

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.

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20 marzo 2020/por adminproseo

Litigation lawyer in Spain

Bankruptcy proceedings in Spain: All you need to know?

Our law firm in Marbella can answer all your questions about Spanish bankruptcy proceedings. First, it is important to note that Spanish law tries as much as possible to help individuals and companies that are going through complicated situations meet their payment obligations.

If it is foreseen that the Spanish bankruptcy procedure will take a long time, that is to say, that there is no short-term solution, a so-called creditors’ meeting will be requested. This enables a judge to intervene and assign an administrator to be in charge of mediating between a business and its creditors in order to find a solution to end the situation of the outstanding debts.

What is the aim of bankruptcy proceedings in Spain?

The creditors’ meeting is the tool to help, or at least to try to help, a company stay in business. A company with outstanding debts will search for ways to pay their creditors and it will try to stay viable.

How does the creditors’ meeting work?

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20 marzo 2020/por adminproseo

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