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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 Courts for Violence Against Women have the power to inquire on the following crimes: Homicide (manslaughter or murder), abortion, battery, harm to the fetus, crimes against freedom, crimes against moral integrity, sexual crimes or any other crime committed by the present or past spouse or significant other, independently or living together, as well as against minor and unable that are ...
The Spanish Constitution guarantees respect for the essential principles necessary for the correct functioning of the judiciary: . Impartiality: to guarantee the assured effective judicial trusteeship to all citizens by the Constitution, judges must remain impartial in cases that they judge and must abstain from cases that they have no reason to enter into.
In most legal systems of the Spanish-speaking world, the writ of amparo ("writ of protection"; also called recurso de amparo, "appeal for protection", or juicio de amparo, "judgement for protection") is a remedy for the protection of constitutional rights, found in certain jurisdictions. [1]
A watching brief is a method normally used in criminal cases by lawyers to represent clients not directly a party to the suit and to function as an observer. The method is normally used to help protect the rights and interests of victims of a crime, or also to protect a defendant from possible malicious prosecution.
A solicitor (or attorney) is a lawyer who prepares cases and gives advice on legal subjects. In some jurisdictions, solicitors also represent people in court. Fused professions, where lawyers have rights of both barristers and solicitors, have emerged in other former English common law jurisdictions, such as the United States, India, and Pakistan.
The law requires for a defendant to prove sexual consent was given, eliminated the offence of abuso sexual and merged it with agresión sexual (sexual assault), a charge that previously required proof of violence or intimidation. The minimum sentence was reduced from eight years to six, which could be applied retroactively due to Spanish law.
In Germany, it is mandatory that all defendants charged with a crime carrying a penalty of at least one year in prison have legal counsel, even if they themselves do not wish to have it, and the court will appoint a lawyer to represent a defendant who has not done so. [20] There is no organized public defender system in Germany.