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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]
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.
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Article 1 of the Code distinguishes between offences and contraventions. Article 12 mandates that the latter (which are less serious) have a higher age limit of 16. Algeria: 13 18 [22] Andorra: 12 18/21 [23] Angola: 14 [24] Minimum and maximum sentences are reduced by two thirds between 14 and 16, and half between 16 and 18.
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 ...
Article 701 of the criminal code requires the state to release a defendant who has not been charged with a crime after 60 days. [ 2 ] [ 3 ] Before Hurricane Katrina a few hundred people per year were released under article 701. [ 3 ]
In addition to this specific offence included in the Special Part of the Criminal Code, there exists a generic aggravating circumstance that may be applied to all offences (including slander and defamation) when they are motivated by hatred or discriminatory bias (article 22.4ª of the Spanish Código Penal). [88]
Insults to the Crown (The king and royal family as institution representative of the whole nation) are a criminal offense in Spain, according to articles 490.3 and 491 of the Spanish Criminal Code. [14] This crime is controversial amongst different political forces. [15]