Fraud and illegal exactions: Definition and Regulation in the Spanish Penal Code.
The crimes of fraud and illegal exactions are two criminal offenses that fall within the scope of crimes against the Public Administration, as established in the Spanish Criminal Code. These fraudulent conducts are carried out by authorities or public officials in the exercise of their office and have as a consequence a detriment to the […]
What is a home invasion? Everything you need to know
Organic Law 10/1995(Penal Code) established for the first time the crimes of breaking and entering and usurpation in articles 202 and 245, respectively. A key aspect to distinguish the different types of crime is the conception of the term “.abodewhich is addressed in Supreme Court Ruling number 1775/2000, defining it as “…”.the enclosure, generally closed […]
Guide to Finding Legal Counsel in Sexual Assault Cases
Following the reform of sexual offenses, the well known “Solo Sí es Sí” (Only Yes is Yes) Law was passed.Only Yes is Yes“, operated within the framework of a comprehensive gender law(LO 10/2022, of September 6), some of the crimes linked to sexual freedom, as is the case of “abuse” have been reformed. However, the […]
All about the Reform of the Criminal Procedure Law by 2024: Changes and Novelties
On December 19, 2023, Royal Decree-Law 6/2023 was published in the Official State Gazette (BOE), approving urgent measures for the execution of the Recovery, Transformation and Resilience Plan in the areas of public service of justice, civil service, local regime and patronage, which introduces the amendment of nine articles of the Criminal Procedure Law and […]
What does the new reform of the Criminal Procedure Law consist of?
Reform of the Criminal Procedure Law by Royal Decree-Law 5/2023 On June 28, 2023, Royal Decree-Law 5/2023, dated June 28, 2023, was published in the Official State Gazette (BOE), which regulates various procedural measures that modify the regulations governing the process in the different jurisdictional orders. Specifically, it includes a reform of the Criminal Procedure […]
NIETO ENRIQUEZ Abogados Penalistas collaborates in an article of La Vanguardia
Attorney Cristina Nieto, founder of NIETO ENRIQUEZ Abogados Penalistas, has been invited to collaborate in an article in La Vanguardia on Electoral Offenses and the consequences of failing to comply with the obligations imposed by the Electoral Law. The participation of La Vanguardia in the world of journalism does not go unnoticed, and much less […]
The impact of the new animal abuse offence on corporate compliance programs
On March 29th, 2023, Organic Law 3/2023, of March 28th, was published in the Official State Gazette (BOE), which modifies the Penal Code regarding animal mistreatment. This new regulation imposes a series of rules on pet owners and incorporates for the first time in our legal system the criminal liability of legal entities for crimes […]
The Attorney General’s Office publishes CIRCULAR 1/2023 following the reform of Crimes against Sexual Freedom.
On March 29, 2023, Circular 1/2023 of the State Attorney General’s Office was published on the criteria of action of the Public Prosecutor’s Office after the reform of the crimes against sexual freedom operated by Organic Law 10/2022 of September 6, also called “Law of the only yes is yes“. This circular aims to unify […]
How to report medical malpractice in cosmetic surgeries
The crime of injury caused by medical negligence in aesthetic operations is a subject of great importance in the legal and medical field. It is a crime that occurs when a medical professional fails to comply with the necessary duty of care in performing an aesthetic surgery and, as a result, the patient suffers injuries, […]
NEGREIRA CASE: The crime of corruption between private individuals
The Físcalía de Barcelona has initiated an investigation to F.C Barcelona for an alleged corruption offense in relation to a private company. The Tax Agency investigated the company Dasnil 95, S.L, owned by José María Enríquez Negreira, vice-president of the Technical Committee of Referees (CTA) between 1994 and 2018, for alleged irregularities in its accounts, […]
