Frequently Asked Questions (FAQ)
We know that a criminal process generates uncertainty. We have organized the answers to the most common doubts to offer you immediate clarity.
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Economic Criminal Law
What is the threshold for tax fraud?expand_more
The limit is €120,000 of evaded quota per tax and year (Art. 305 CP). Below that it is an administrative tax infraction; above it, a crime against the Public Treasury with prison sentences of 1 to 5 years (up to 6 in the aggravated type).
What is money laundering?expand_more
It is introducing assets derived from criminal activity into the economy to give them the appearance of legality (Art. 301 CP). Penalties range from 6 months to 6 years in prison, aggravated when the funds come from drug trafficking, corruption or organised crime.
Does voluntary regularisation avoid the tax crime?expand_more
Yes. Art. 305.4 CP provides an absolutory excuse: if you regularise your tax situation, acknowledging and paying the debt before the Administration notifies any audit, criminal liability is extinguished.
What is the difference between tax fraud and Social Security fraud?expand_more
They are separate crimes with their own thresholds. Social Security fraud (Art. 307 CP) requires €50,000 defrauded, and subsidy fraud (Art. 308 CP), €100,000. Each has its own calculation and regularisation rules.
Do you defend companies (legal entities)?expand_more
Yes. We work routinely in Corporate Criminal Law and Compliance: we defend companies under investigation and design prevention models intended to operate as a mechanism to exempt or mitigate the criminal liability of the legal entity under Art. 31 bis CP.
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Criminal Compliance & Business
What is a Criminal Compliance programme?expand_more
It is a crime-prevention system within the company. If correctly implemented, supervised and effective, it can exempt the legal entity from criminal liability (Art. 31 bis CP), even if an employee commits a crime within it.
What must an effective prevention model include?expand_more
Art. 31 bis 2 and 5 CP requires, among others: identifying risk activities, decision protocols, a financial-resources management model, a whistleblowing channel, a disciplinary system and a supervisory body (Compliance Officer) with autonomous powers.
Can my company go to jail?expand_more
Companies cannot be imprisoned, but they can face heavy fines, dissolution, suspension of activities, closure, disqualification from subsidies or public contracts, and judicial intervention. Their criminal liability is independent of that of their directors.
What is the whistleblowing channel and Law 2/2023?expand_more
Law 2/2023 requires companies (from 50 employees) and public entities to have an internal reporting system (whistleblowing channel) that protects the informant from retaliation. A well-designed channel is also a key part of the compliance model.
Does the director answer in addition to the company?expand_more
Yes, these liabilities are compatible. Convicting the legal entity does not exclude that of the individual who committed the crime, and vice versa. That is why the defence of directors and company must be coordinated, watching for conflicts of interest.
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Fraud & Scams
What is fraud (estafa) and what are the penalties?expand_more
It is deceiving someone so that, through that error, they make a financial disposition to their own detriment (Arts. 248-249 CP). If the amount exceeds €400 it is a less serious crime (6 months to 3 years in prison); below that, a minor offence with a fine. Art. 250 aggravates the penalty (1 to 6 years) in cases such as amounts over €50,000 or abuse of personal relationships.
What is the difference between a civil breach and criminal fraud?expand_more
The key is prior deceit and intent. If from the outset there was a scheme not to perform (sufficient deceit before the contract), it is fraud. If the deal was genuine and later went wrong, it is usually a civil breach, not a crime. That boundary is the main field of defence.
What is a pyramid scheme and what are the penalties?expand_more
It is a fraudulent scheme where investors' supposed returns are paid with money from new participants, without any real underlying investment. It is punished as aggravated fraud, with penalties that can reach 6 years in prison depending on the amount and number of victims.
What is 'phishing' legally?expand_more
It is a form of computer fraud (Art. 249 CP). If you are a victim and the bank did not apply diligent security measures, you can claim. If you are accused of being a 'money mule' (receiving and forwarding money to others), your defence must focus on proving you did not know the funds were illicit.
What is procedural fraud?expand_more
It is deceiving a judge or court, by manipulating evidence or documents, to obtain a ruling that harms the other party (Art. 250.1.7 CP). It is specifically aggravated because it affects the Administration of Justice.
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Misappropriation
What is misappropriation?expand_more
It is keeping money, an effect or movable property that was lawfully received in deposit, custody or administration, or under another title that obliges its return (Art. 253 CP). The crime is not in how it was received, but in refusing to return it or giving it a personal destination.
What is the difference between misappropriation and unfaithful administration?expand_more
Misappropriation (Art. 253) means keeping what was received in trust. Unfaithful administration (Art. 252) means exceeding the management powers over someone else's assets, causing them harm, without necessarily appropriating a specific item.
How does it differ from theft and fraud?expand_more
In the title of receipt. In theft the offender never held the item lawfully (they take it without consent); in fraud they obtain it through prior deceit; in misappropriation they received it lawfully and then breach the obligation to return it.
What if money is transferred to me by mistake and I keep it?expand_more
Keeping money or an item received by the transferor's mistake can be a crime (Art. 254 CP), punished with a fine. The duty is to report the error and return it; knowingly keeping it generates criminal as well as civil liability.
What are the penalties for misappropriation?expand_more
They follow the fraud penalties (Art. 249): 6 months to 3 years in prison depending on the amount, and up to 6 years if the aggravating factors of Art. 250 apply (for example, an amount over €50,000 or abuse of personal relationships).
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Theft & Robbery
What is the difference between theft and robbery?expand_more
Theft (Art. 234 CP) is taking someone else's property without force or violence. Robbery appears when there is force on things (Art. 238: breaking, climbing, false keys) or violence or intimidation on persons (Art. 242). Robbery is always more serious than theft.
When is theft a crime rather than just a fine?expand_more
The boundary is €400: above it, it is a crime (6 to 18 months in prison); below it, a minor offence with a fine. However, after LO 1/2026 multi-recidivism can turn a minor theft into a crime with prison even if the amount is small.
What is multi-recidivism after LO 1/2026?expand_more
Since 2026, if the offender accumulates three or more prior final convictions for crimes of the same heading (theft, robbery, fraud…), minor theft stops being treated as such and can carry 6 to 18 months in prison, even if what was taken is worth a few euros. Always review prior records before agreeing to a plea.
What is robbery with violence or intimidation?expand_more
It is taking another's property using violence or intimidation on persons (Art. 242 CP), with penalties of 2 to 5 years in prison, aggravated if weapons are used. It covers muggings and snatchings whenever there is contact or threat.
Is using someone else's vehicle without permission a crime?expand_more
Yes, it is the unlawful use of motor vehicles (Art. 244 CP): taking it without intent to keep it permanently, to use and return it. It is punished with community service or a fine, aggravated if there is force or violence.
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Sexual Offences
What changed with LO 10/2022 ('only yes means yes')?expand_more
Sexual abuse disappeared as an autonomous category: today any sexual act without consent is sexual assault (Art. 178 CP). Consent must be express. The penalty varies depending on whether there is violence, intimidation, abuse of superiority or an especially vulnerable victim.
What is the age of sexual consent?expand_more
It is 16. Relations with someone under 16 are, in principle, a crime (Art. 183 CP), except for the proximity-of-age and maturity exception when both are adolescents close in age and development.
What are the penalties for sexual assault?expand_more
The basic type (Art. 178) is punished with 1 to 4 years in prison; when there is carnal access or penetration (Art. 179) penalties rise to 4 to 12 years, increasing further with extreme violence, several offenders or a vulnerable victim.
What are the consequences of 'sexting' involving minors?expand_more
Distributing or holding sexual images of minors, even if the minor sent them voluntarily, can be a serious crime of child pornography (Art. 189 CP) or of discovery and disclosure of secrets.
What happens with false accusations in sexual offences?expand_more
An accusation proven to be knowingly false may itself be a crime of false reporting or false accusation (Art. 456 CP). The defendant's defence relies on the presumption of innocence, credibility analysis and a rigorous examination of the evidence.
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Crimes Against Life
What is the difference between homicide and murder?expand_more
Homicide (Art. 138 CP) is killing another without qualifying circumstances, with 10 to 15 years in prison. Murder (Art. 139) requires treachery, cruelty, price/reward or facilitating another crime, with penalties of 15 to 25 years.
What is reviewable life imprisonment?expand_more
It is the maximum penalty in the system, reserved for the gravest murders (victim under 16, terrorism, multiple murders…). After serving a minimum number of years, the court periodically reviews whether parole is appropriate with a prognosis of reintegration.
What is negligent homicide?expand_more
It is causing another's death through negligence, not intentionally (Art. 142 CP). It is very common in traffic or workplace accidents and in medical malpractice. The penalty depends on whether the negligence is gross or less serious.
When do injuries amount to a crime?expand_more
When the harm requires, in addition to first aid, medical or surgical treatment (Art. 147 CP). The most serious injuries (loss of an organ, limb or sense) carry higher penalties (Arts. 149-150).
What is self-defence?expand_more
It is a defence (Art. 20.4 CP) that exempts from liability someone who repels an unlawful, current or imminent attack, with rationally proportionate means and without sufficient prior provocation. Properly established, it leads to acquittal.
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Crimes Against Persons
Is workplace harassment ('mobbing') a crime?expand_more
Yes, when harassment is repeated and seriously undermines the worker's moral integrity (Art. 173 CP). It is prosecuted to protect the employee's dignity and health, regardless of any labour-law claims that may apply.
What is a hate crime?expand_more
It is a crime (injury, threats, insults…) motivated by discrimination against the victim for their race, religion, sexual orientation, ideology, gender or disability (Art. 22.4 CP as an aggravating factor; Art. 510 for incitement to hatred). It notably increases the penalty.
What is the crime of failure to render aid?expand_more
It is not helping a person who is helpless and in manifest, serious danger when it can be done without risk to oneself or others (Art. 195 CP). It is very common after traffic accidents and is aggravated if the person who fails to help caused the accident.
What is the crime of degrading treatment?expand_more
It is inflicting on another person treatment that seriously undermines their moral integrity (Art. 173 CP). It protects dignity against humiliation, repeated abuse or degrading conditions, inside or outside the work and family environment.
What is criminal mediation?expand_more
In minor or semi-public crimes it is a voluntary process where victim and offender, with a mediator, seek a restorative agreement. If reached, it can translate into a mitigating factor of reparation or facilitate the dismissal of the case.
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Family & Gender Violence
Can I withdraw a gender violence complaint?expand_more
The victim can state that they do not wish to continue, but as these are public crimes the Prosecution can (and usually does) maintain the accusation ex officio if there are indications, regardless of the complainant's wishes.
What is the difference between domestic and gender violence?expand_more
Domestic violence is exercised against any family member (children, parents, siblings, cohabitants). Gender violence requires it to be from a man towards a woman in a partner or ex-partner relationship. They have different procedural treatment and courts.
Is it a crime not to pay child support?expand_more
Yes. Failure to pay judicially set support for 2 consecutive months or 4 non-consecutive months is a crime of family abandonment (Art. 227 CP), with prison or a fine, in addition to the obligation to pay the arrears.
What happens if I breach a restraining order?expand_more
It is a crime of breach (Art. 468 CP) even if it is the victim who prompts the contact. It carries a high risk of prison, because the court reads it as disobedience and as a sign of dangerousness.
What is the VioGén system and its risk levels?expand_more
It is the police monitoring system for gender violence. After the 2025 Instruction (VioGén-2) it assesses four risk levels (low, medium, high and extreme) that determine the protection measures. The assigned level can and should be reviewed if circumstances change.
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Crimes Against Liberty
What is the crime of threats?expand_more
It is announcing to another a harm that amounts to a crime (killing, injuring, damaging…) in a serious and credible way (Arts. 169-171 CP). The penalty depends on whether the threat is conditional (something is demanded in return) and on the gravity of the announced harm.
What is coercion (coacciones)?expand_more
It is preventing another, by force, from doing what the law does not prohibit, or compelling them to do what they do not want (Art. 172 CP). Unlike a threat, coercion acts on the will in the present, bending it by force.
What is stalking?expand_more
It is insistent, repeated harassment (watching, calling, following, contacting) that seriously alters the victim's daily life (Art. 172 ter CP), without the need for an express threat. It includes harassment through digital means.
What is the difference between unlawful detention and kidnapping?expand_more
Both deprive another of their liberty (Arts. 163-164 CP). Kidnapping adds a condition for releasing the victim (usually a ransom or demand), which considerably aggravates the penalty.
Can I be reported for threats on social media?expand_more
Yes. A threat is a crime regardless of the medium. A WhatsApp message, an email or a post can constitute a crime of threats or coercion if it generates real, well-founded fear in the victim.
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Honour: Libel & Slander
What is the difference between insult and slander?expand_more
Slander/calumnia (Art. 205 CP) is imputing a specific crime to someone knowing it is false or with reckless disregard for the truth. Insult/injuria (Art. 208) is harming another's dignity, damaging their reputation or self-esteem, without imputing a crime.
I've been reported for a social-media post, what can happen?expand_more
It depends on the content. It can be an insult or slander, a hate crime (if it incites violence against a group), or fall within freedom of expression. We analyse the context, reach and intent of the message to shape the defence.
How are insult and slander prosecuted?expand_more
They are private crimes: only the offended person can pursue them, through a private lawsuit and, as a rule, a prior conciliation act. The action is extinguished by the offended party's pardon, which opens the door to negotiated solutions.
Does freedom of expression always protect me?expand_more
Not absolutely. It protects criticism, opinion and truthful information on matters of public interest, but not groundless insults or the imputation of false facts. The line between legitimate criticism and crime is case-by-case.
What is the 'exceptio veritatis'?expand_more
It is proof of truth: in slander, the accused is exempt from punishment if they prove the imputed criminal fact was true. In insults it only operates when directed against public officials regarding facts relating to their office.
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Road Safety
What alcohol level is a crime while driving?expand_more
Driving with more than 0.60 mg/l of alcohol in exhaled air (or 1.2 g/l in blood) is a crime (Art. 379.2 CP). Below that it may be a serious administrative offence but not a crime, unless influenced driving is proven.
What happens if I refuse the breathalyser test?expand_more
Refusal is an autonomous crime (Art. 383 CP) that usually carries heavier penalties than the alcohol level itself: 6 months to 1 year in prison and licence withdrawal. Legally, except in very specific cases, it is better to take the test.
When is driving without a licence a crime?expand_more
Driving without ever having obtained a licence, or after losing it entirely through points, a judicial or precautionary deprivation, is a crime (Art. 384 CP). Driving after losing the physical card but keeping administrative validity is not.
What speed is considered a crime?expand_more
Exceeding the limit by more than 60 km/h on urban roads or by more than 80 km/h on interurban roads is a road-safety crime (Art. 379.1 CP), with prison or fine and community service, plus licence withdrawal.
What happens if I flee after an accident?expand_more
Leaving the scene after causing an accident with victims is an autonomous crime (Art. 382 bis CP), added to any injuries or negligent homicide and to failure to render aid. Fleeing notably aggravates liability.
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Corporate Crime
What is unfaithful administration?expand_more
It is when someone who manages another's assets (a director, an attorney-in-fact) exceeds their powers and causes harm to the managed estate (Art. 252 CP). It is one of the leading crimes in shareholder disputes and director liability.
What is falsifying accounts or corporate information?expand_more
It is falsifying the annual accounts or other documents reflecting the company's situation, in a way apt to cause harm (Art. 290 CP). It protects the reliability of economic information for shareholders, investors and third parties.
What are harmful or abusive resolutions?expand_more
These are resolutions imposed abusively by a majority for its own benefit and to the detriment of other shareholders, or harmful resolutions adopted with fictitious majorities (Arts. 291-292 CP). They protect the minority against abuse of power in the company.
What is obstruction of inspection or supervision?expand_more
It is denying or impeding the action of supervisory bodies (CNMV, Bank of Spain, inspectorates) when the company is legally subject to them (Art. 294 CP). The crime punishes the failure to cooperate with administrative supervision.
What criminal liability do directors have?expand_more
Directors, board members and executives can be held criminally liable for decisions that harm the company, shareholders or creditors, as well as for crimes committed in the exercise of their office or under their supervision.
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Document Forgery
What is document forgery?expand_more
It is altering, simulating or creating a false document to pass it off as genuine in legal transactions (Arts. 390 et seq. CP). Penalties depend on the type of document and on whether the author is a public official or a private individual.
Does the penalty change with the type of document?expand_more
Yes, considerably. Forgery of a public, official or commercial document by a private individual (Art. 392 CP) carries 6 months to 3 years in prison. Forgery of a private document (Art. 395 CP) is less serious and, additionally, requires intent to harm a third party.
What if I did not forge the document, only used it?expand_more
Merely using, knowingly, a false document to harm another is also a crime (Arts. 393 and 396 CP), with a slightly lower penalty than for whoever forged it. Knowing of the falsity is the key element of the offence.
Is forging a certificate or medical prescription a crime?expand_more
Yes. Forgery of certificates (Arts. 397-399 CP) is a specific offence, and forgery of prescriptions or health documents has its own treatment. Although penalties are usually lower than in general document forgery, they create a criminal record.
What is the forgery of currency and cards?expand_more
Counterfeiting currency (Art. 386 CP) is a serious crime with high prison sentences. Forgery of credit and debit cards and travellers' cheques (Art. 399 bis CP) is equated in gravity to currency because of its impact on economic transactions.
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Public Safety & Order
Is illegal possession of weapons a crime?expand_more
Yes. Possessing regulated weapons without a licence or permit, prohibited weapons or weapons of war is a crime (Arts. 563-566 CP), with penalties of 1 to 3 years in prison depending on the type of weapon and whether it is operational.
What is assault on authority?expand_more
It is assaulting, attacking or seriously intimidating, or actively and seriously resisting, an authority agent or official in the exercise of their duties (Art. 550 CP). Penalties can reach several years in prison, aggravated if weapons are used.
What is the difference between resistance and disobedience?expand_more
Resistance (Art. 556 CP) means actively but not seriously opposing authority; disobedience is refusing to comply with a lawful order. Both are less serious than assault on authority, but they are still crimes.
What are public disorders?expand_more
They are group actions that disturb public peace through violence against persons or property, or by invading premises (Art. 557 CP, reformed by LO 14/2022). They include serious disturbances at gatherings, events or in public spaces.
Does the crime of sedition still exist?expand_more
No. Sedition was repealed by LO 14/2022. The most serious public-order conduct is now channelled into aggravated public disorders, with a penal framework different from the former sedition.
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Drugs & Public Health
What happens if I'm caught with a small amount of drugs?expand_more
If it is for personal use, it is an administrative sanction (fine), not a crime. The boundary lies in whether officers see signs of intent to traffic: the quantity, the splitting into doses, the cash or the scales are key to distinguishing use from sale.
What are crimes against public health?expand_more
They are, mainly, the cultivation, production and trafficking of drugs (Art. 368 CP). The penalty is higher for substances that cause serious harm to health (cocaine, heroin) than for those that do not (cannabis), and it depends on the quantity and aggravating factors.
What aggravating factors raise the penalty in drug trafficking?expand_more
Art. 369 CP aggravates for a notably large quantity, belonging to an organisation, spread to minors or in educational centres, among others. Art. 370 covers extreme gravity (leadership of an organisation, use of vessels), with the highest penalties.
Is growing cannabis for personal use a crime?expand_more
Discreet self-cultivation for strictly personal consumption is not, in itself, a crime, but the line is very fine: the number of plants, the estimated yield or any sign of distribution can turn it into a crime against public health.
Are cannabis clubs legal?expand_more
It is a grey area. Case law has treated the organised distribution of cannabis through clubs as criminal when it exceeds strictly shared consumption among a closed, small group. Each case requires specific analysis.
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Public Administration & Corruption
What is bribery (cohecho)?expand_more
It is the crime of corruption of officials: requesting, receiving or offering gifts or favours in exchange for an act of office (Arts. 419-427 CP). Both the official who receives (passive bribery) and the private party who offers (active bribery) are liable.
What is embezzlement of public funds?expand_more
It is a public authority or official appropriating, or giving a private destination to, the public funds in their charge (Art. 432 CP). It is one of the central crimes in corruption cases, with prison and disqualification.
What is prevarication (prevaricación)?expand_more
It is an authority or official knowingly issuing an arbitrary and unjust decision in an administrative matter (Art. 404 CP). Judicial prevarication (Art. 446) is committed by judges. The main penalty is usually disqualification from office.
What is influence peddling?expand_more
It is influencing an official, taking advantage of a personal or hierarchical relationship, so that they issue a decision generating an economic benefit (Arts. 428-430 CP). It punishes the misuse of closeness to power to obtain advantages.
What is prohibited negotiation by officials?expand_more
It is an authority or official using their office to intervene, directly or indirectly, in deals or contracts on which they must report or decide (Art. 439 CP). It protects the impartiality of the Administration against conflicts of interest.
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Environment & Land Planning
What is an environmental crime?expand_more
It is causing, in breach of regulations, emissions, discharges or noise that may seriously harm the balance of natural systems (Art. 325 CP). It affects both companies and their technical managers and directors.
Can building without a licence be a crime?expand_more
Yes, when it involves urbanisation or construction works that cannot be authorised on protected land or land of special value (Art. 319 CP). It is the crime against land planning, which can entail prison, a fine and even the demolition of what was built.
Is starting a forest fire a crime?expand_more
Yes. Forest fires (Arts. 352-354 CP) are punished severely, distinguishing the intentional from the one caused by gross negligence. Penalties are aggravated if there is danger to life, a large affected area or high-risk season.
Is animal abuse a crime?expand_more
Yes. Unjustifiably mistreating an animal causing injury or death is a crime (reformed in 2023), with prison and disqualification from keeping animals and from animal-related professions, aggravated if the animal dies or there is cruelty.
Which crimes protect fauna and flora?expand_more
The Criminal Code punishes the hunting or fishing of threatened species, the trafficking of protected species and damage to habitats and natural areas (Arts. 332-337 CP), in line with international biodiversity-protection conventions.
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The Criminal Process & Your Rights
What should I do if I am arrested?expand_more
Your priority is to remain silent: do not testify before the police and immediately request the assistance of a lawyer you trust. Any informal statement, made under stress and without advice, can seriously harm your later defence.
What is the difference between a report (denuncia) and a lawsuit (querella)?expand_more
A report is the mere communication of a possibly criminal act to the authority. A lawsuit is a formal written accusation, filed with a lawyer and procurator, by which the filer appears as an accusing party in the process from the outset.
What does it mean to be 'investigated' (formerly 'imputed')?expand_more
It means there are indications that you may have taken part in a crime and the proceeding is directed against you. It does not equal guilt: it is precisely the status that grants you the right to defend yourself, to a lawyer and not to testify against yourself.
What is provisional prison?expand_more
It is an exceptional precautionary measure before trial. It is appropriate only if there is a risk of flight, destruction of evidence or reoffending. We work to avoid it or replace it with less burdensome measures such as bail or periodic appearances.
What is a plea agreement (conformidad)?expand_more
It is an agreement between defence and prosecution by which the accused admits the facts in exchange for a reduced sentence. It is a useful strategic tool to limit risk in cases with very strong evidence, but it must be weighed carefully and never signed without studying the prior record.
What is the fruit of the poisonous tree doctrine?expand_more
It is a constitutional principle: if evidence is obtained by violating fundamental rights (for example, a search without a court order), not only is that evidence null, but so is all evidence derived from it. It is one of the most powerful defence tools.
What is habeas corpus?expand_more
It is an urgent procedure to have an illegally detained person brought immediately before a judge. It is invoked when detention is unduly prolonged, rights are not read, or ill-treatment occurs.
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Administration of Justice
Is simulating a crime an offence?expand_more
Yes. Pretending to be the victim of a crime that did not happen, or falsely self-incriminating, to provoke police or judicial action is a crime (Art. 457 CP), punished with a fine. It is common in fake robberies to claim insurance.
What is the difference between simulating a crime and false accusation?expand_more
In a false accusation (Art. 456 CP) the crime is imputed to a specific person known to be innocent. In simulation (Art. 457) no one is accused, only a non-existent crime is feigned. False accusation is more serious because it affects a third party.
What is perjury (false testimony)?expand_more
It is failing to tell the truth as a witness or expert before a court (Arts. 458-462 CP). It is aggravated when given in a criminal case against the defendant. The accused, by contrast, does not commit this crime because they have the right not to incriminate themselves.
What is breach of sentence?expand_more
It is failing to comply with a penalty, security measure or precautionary measure (Art. 468 CP): for example, ignoring a restraining order or permanent localisation, or not returning after prison leave. It carries a high risk of prison.
What is harbouring (encubrimiento)?expand_more
It is helping, after a crime is committed and without having taken part in it, the perpetrators to benefit, to hide evidence or to evade justice (Arts. 451-454 CP). There are exemptions for those who harbour close relatives.
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Military Criminal Law
What does the Military Criminal Code regulate?expand_more
The Military Criminal Code (LO 14/2015) defines specifically military crimes (committed by service members in relation to duty): desertion, abandonment of post, crimes against discipline, against service duties or against the chain of command.
Which courts judge military crimes?expand_more
Military jurisdiction, made up of the Military Courts and, at the top, the Military Chamber of the Supreme Court. It is a specialised jurisdiction with its own procedural rules that coexist with the common constitutional guarantees.
What are desertion and abandonment of post?expand_more
Desertion is leaving the unit intending to permanently evade military obligations; abandonment of post is an unjustified absence for a set period. Both are military crimes with prison sentences.
Can a service member be sanctioned both disciplinarily and criminally?expand_more
Yes, but not for the same thing. Disciplinary offences (minor, serious, very serious) are governed by the disciplinary regime; when the conduct reaches the gravity of a crime, the Military Criminal Code applies, respecting the 'non bis in idem' principle.
Can a civilian be tried by military jurisdiction?expand_more
As a rule, no: military jurisdiction is limited to the strictly military sphere. Only in very exceptional cases (for example, during a declared state of siege) does the law contemplate its extension, always in a limited way.
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Cybercrime & Technology
My company was hacked, is it a criminal matter?expand_more
Yes. An attack can involve several crimes: illicit access to systems (Art. 197 bis CP), computer damage (Art. 264), disclosure of trade secrets and extortion (ransomware). We advise on filing the complaint and preserving digital evidence.
Is it a crime to record someone without their permission?expand_more
It depends. Recording a conversation in which you participate is lawful and valid evidence, even if the other party does not know. Recording third-party conversations in which you do not take part is a crime of disclosure of secrets (Art. 197 CP).
What is 'ransomware' from a criminal standpoint?expand_more
It is computer extortion: the victim's data is encrypted and a ransom is demanded to release it. It involves at least computer damage (Art. 264 CP) and extortion, with penalties that can exceed 5 years in prison.
Is a sexual 'deepfake' a crime?expand_more
Distributing sexual images of a person created or digitally manipulated without their consent is prosecuted (Art. 197.7 CP and, depending on the case, against moral integrity). If the person affected is a minor, it can amount to child pornography.
What digital evidence is valid in a criminal trial?expand_more
Emails, screenshots, messages, IP logs or metadata can be valid as long as their authenticity and chain of custody are guaranteed. A certified forensic dump is the safest way to submit them and to withstand challenges.
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Crypto Fraud & Scams
Is holding undeclared cryptocurrency a crime?expand_more
Holding cryptocurrency is not in itself a crime. Failing to declare it when required may be a tax infraction. The criminal issue arises if the funds come from an illicit activity, in which case there could be money laundering.
What is a crypto scam and how is it reported?expand_more
They are frauds that use the appearance of crypto-asset investment (fake platforms, promises of returns, exchange impersonation) to capture funds. They are reported as fraud; it is essential to keep screenshots, transfer receipts and the wallet addresses involved.
Can the police trace my cryptocurrencies?expand_more
Yes. Although cryptocurrencies offer pseudonymity, law enforcement uses blockchain-analysis tools to follow the trail of transactions, and regulated exchanges are obliged to provide data upon judicial request.
What is a 'rug pull' and ICO fraud?expand_more
A 'rug pull' is the fraud whereby the promoters of a crypto project capture investment and disappear with the funds. ICO fraud (token offerings) consists of selling digital assets with no real backing. Both usually fit fraud, sometimes aggravated.
What is the MiCA regulation?expand_more
MiCA (EU Regulation 2023/1114) is the European framework regulating crypto-assets and their service providers, requiring authorisation and transparency. Non-compliance opens the administrative route and reinforces the prosecution of crypto fraud.
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VIP & Reputation
How do you protect reputation in a high-profile criminal case?expand_more
With discretion and strict control of information. Professional secrecy prevents us from disclosing case data, and we coordinate the procedural strategy and communication management to minimise reputational impact, always within the law.
What do the rights to honour, privacy and one's own image protect?expand_more
They are fundamental rights (Art. 18 of the Constitution and LO 1/1982) against unlawful intrusions: revealing private data, publishing images without consent or attributing facts that damage reputation. Their breach can have a criminal and civil route simultaneously.
Can I file a complaint over the disclosure of intimate images or data?expand_more
Yes. Distributing, without consent, intimate images or recordings obtained with the victim's agreement but disclosed without it is a crime (Art. 197.7 CP). We act urgently to stop the spread and preserve the evidence.
What is the 'right to be forgotten'?expand_more
It is the power to request the removal or de-indexing from search engines of outdated, inaccurate or reputationally harmful information. It is channelled through data-protection and, where appropriate, judicial routes, and is key to digital reputation.
Do you assist high-profile clients confidentially?expand_more
Yes. Confidentiality is a cornerstone of our work. We adapt communication channels and case operations to preserve the privacy of executives, professionals and publicly exposed individuals, without reducing the technical rigour of the defence.
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Sports Criminal Law
What is the crime of doping?expand_more
It is supplying or facilitating to athletes prohibited substances or methods that endanger their health (Art. 362 quinquies CP), in coordination with anti-doping rules. It mainly targets those who provide or administer the substances.
Is match-fixing a crime?expand_more
Yes. Corruption in sport (Art. 286 bis CP) punishes those who, by themselves or through others, fraudulently alter the result of a competition in exchange for a benefit. It affects athletes, directors and referees.
Can an injury on the field be a crime?expand_more
As a rule no, because sport involves assumed risk. It can be a crime when the action clearly exceeds the rules of the game and the injury is caused with intent or gross negligence, outside the dynamics of the sport.
What criminal liability do clubs and directors have?expand_more
Clubs, as legal entities, can be liable for economic, tax or corruption crimes committed for their benefit (Art. 31 bis CP). Their directors are also personally liable for the decisions they make.
What happens with violence in sport?expand_more
Violent incidents by fans can constitute public disorders, injuries or damage, and add to the administrative sanctions of the law against violence in sport, which provides for bans from accessing sports venues.
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Defense with Alonso Sala
What documentation should I bring to the first meeting?expand_more
It is vital to provide any court notification (summons, orders), police reports, complaints, and any evidence you have. The more information we have, the more precise the strategy.
Do you guarantee the result of the trial?expand_more
No. The Spanish Bar Association's Code of Ethics prohibits guaranteeing outcomes, since each case depends on its own evidence and judicial discretion. What we do undertake as a professional commitment is technical rigour, dedication to the case, and full use of the procedural resources the legal system makes available to your defence.
Do you only defend guilty people?expand_more
No. We defend people, not crimes. Our mission is to ensure the presumption of innocence and the right to a fair trial are respected, whatever the accusation.
Do you handle urgent situations?expand_more
Yes. Call the office or send the urgent assistance form and we will respond with the greatest diligence possible to assist you at the police station or duty court. If the initial detainee assistance is provided by a Bar Association duty lawyer, we formally take over the defense as soon as we are contacted.
Can my family ask for information about my case?expand_more
Only with your express authorization. Professional secrecy prevents us from revealing information to third parties, even close relatives, without the client's direct consent.
Do I need to visit the office in person?expand_more
It is not strictly necessary. Although we value personal interaction, we can manage your defense entirely via video calls and secure communications if you live in another city.
Can you exercise private prosecution?expand_more
Yes. We represent victims of crimes (fraud, assault) to pursue the criminal claim and to seek the civil compensation that may correspond in each case based on the evidence and judicial discretion.
Can I change lawyers mid-process?expand_more
Yes, it is a fundamental right (free choice of counsel). You can change lawyers at any time if you have lost confidence, without needing to justify it.
What does the Procurator do?expand_more
They are the professional who formally represents the client before the court, receiving notifications and filing briefs. In the Spanish criminal process, they are mandatory along with the lawyer.
Have a question that can't wait?
Every case has unique nuances that a list of questions cannot cover. Speak directly with a criminal defense attorney about your specific situation.