The Victim’s statement in Gender-Based Violence Proceedings and its Compatibility with the Presumption of Innocence I. Summary. This brief addresses the integration of the victim’s statement in criminal proceedings related to gender-based violence, focusing on its sufficiency to rebut constitutional right to the presumption of innocence under Spanish and European law. II. Legal Framework. - [...]
On the 3rd of April 2025 came into force the LO 1/2025, of efficiency measures for the Public Service of Justice. Such a LO has introduced big changes not only for lawyers and law practitioners, but also for citizens at large. One of the main changes opperated by the coming into force of the LO [...]
Real estate investment in Spain Current relevance of real estate investment in Spain: Although real state market may suffer potential variations, it has always shown great benefits for foreign investors. In Spain, prices of real estate assets may be really different on the basis of various factors, mainly the location of the building at [...]
Under Spanish Criminal Act, incurs in a stalking offence who insistently and repeatedly carries out, without being legitimately authorized, any of the following conducts and, in this way, alters the normal development of his daily life: 1.ª Watches her, pursues her or seeks her physical proximity. 2.ª Establishes or attempts to establish contact with [...]
What is considered fraud in Spain? The fraud offense is, simply explained, a deception caused by an individual, for personal gain. Often, such a deceitful activity is used to gain advantage over an individual, for an illegal benefit. Where is the fraud offense regulated, in Spain? The fraud offense is regulated in article 248 [...]
WHAT IS DISINHERITANCE? Disinheritance is to be excluded from receiving assets, money or distributions from a state or trust. No one can be disinherited without a testamentary document. If it does not exist, the laws of the intestate succession will come into place and control who inherits what from your state. The requirements to [...]
RESIDENCE PERMIT FOR FOREIGNERS ON THE GROUNDS OF INTEGRATION 1.- Definition: The social integration (“arraigo”) is a residence permit for social integration reasons granted to foreigners in an irregular situation, due to exceptional circumstances. This authorization allows them to reside legally in Spain for one year, with the possibility of subsequent renewal to obtain [...]
MISAPROPRIATION OFFENCE IN SPAIN The misappropriation offence is regulated in Chapter V, Title XIII of the Spanish Criminal Code, under the heading "Crimes against property and the socio-economic order". More specifically, occupation of a real estate appears in Article 245 of the Spanish Criminal Code. In this regard, Article 245.1 of the Spanish Criminal [...]
SPOUSAL MAINTENANCE IN SPAIN The Spousal maintenance is a monetary allowance paid by one of the ex- spouses to the other, when separation or divorce takes place, so long some requirements are met. The “reason being” of the spousal maintenance, is not to equalize assets of the parties after separation, but to compensate whoever is [...]
Do I need a lawyer in Spain? The assistance of a lawyer and a solicitor is neither necessary nor obligatory in all legal proceedings. First of all, the need of a lawyer in Spain depends on the different jurisdictions of law. In civil and commercial jurisdiction in Spain The mandatory nature of the lawyer [...]