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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]
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 ...
Retrieved from "https://en.wikipedia.org/w/index.php?title=Spanish_Penal_Code&oldid=960883815"
The Spanish Civil Code regulates the interpretation of laws in Spain, and establishes the following: 3.1. Laws are to be interpreted according to the proper meaning of their words, in relation to their context, historic and legal records and the social reality of the time in which they have to be applied, paying particular attention to the ...
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".
The examination phase has been described as "the most controversial aspect of criminal procedure" in civil-law jurisdictions because of "[t]he secrecy and length of the proceedings, the large powers enjoyed by examining magistrates" and "the possibility for abuse inherent in the power of the individual magistrate to work in secret and to keep ...
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In flagrante delicto (Latin for "in blazing offence"), sometimes simply in flagrante ("in blazing"), is a legal term used to indicate that a criminal has been caught in the act of committing an offence (compare corpus delicti). The colloquial "caught red-handed" and "caught rapid" are English equivalents. [1] [2]