Spanish criminal law has several sources: not only the Penal Code, but also the Spanish Constitution of 1978 and several other special criminal laws, as well as other laws and regulations that give effect to it. One of the characteristics of Spanish criminal law is that it is very extensive in its protection of the rights and freedoms of the individual. This is explained by the fact that the current Penal Code, which only entered into force in 1996, is one of the youngest in Europe. It reached its peak in the 1980s, when the country, which had just been freed from the dictatorship, was very democratic and this sentiment was reflected in the new code.
In general, Spain's criminal law can be called one of the most progressive and democratic not only in Europe, but also in the world. It lays down such important principles as minimal interference by the State in people's lives and behaviour, maximum protection of individual rights and freedoms, the prevalence of the corrective over the punitive function of punishment, the broad differentiation of crimes (according to their gravity, their completeness and the circumstances) and penalties, the absence of penalties such as the death penalty and life imprisonment and the non-pronunciation of legal persons.
If you find yourself a suspect or accused of a criminal offence in Spain, all of the above principles will work in your favor, but the decisive role in the outcome of the case will remain with the lawyer, so try to choose a criminal law specialist, in whose competence you do not have any doubts. If you are unable to pay for a lawyer, the state will provide you with a free lawyer. If this is the case, it is in your best interest to trust and cooperate with him or her as much as possible; remember, this person is just as interested in a successful outcome of the case as you are.
As a lawyer specialising in Spanish criminal law, I offer my clients a full range of services: from remote consultations to representation and defence at court hearings. Remember, whatever you are accused of, I will always be on your side and will do my best to obtain an acquittal, if possible, or the minimum statutory sentence if your guilt is proven.