Mobile phones as procedural evidence Day by day we are all more dependent on mobile phones, known in the English-speaking world as “cellular phones”. This is so to the point that when it stays at home, we lose it, it breaks or is stolen, we suffer a significant nervous disturbance, a feeling of insecurity, unbearable […]
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Cybercrime and abuse in criminal investigation To the much-used argument –markly radical and erroneously utilitarian– that without the use of certain “marginal” means of police investigation, currently magnified to unstoppable levels by technological development, judges would lack the necessary and sufficient evidence means to impart “true justice”, we would immediately have to oppose , that
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Conference in Spain on international criminal law On September 6, it took place at the USA Embassy in Spain, the conference on international criminal law attended by Judge Edward Prado of the Fifth Circuit of Appeals of the USA, Lawyer of Ohio, Martin Pinales, former president of the National Ass. Criminal Defense Lawyers and by
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Capital punishment and euthanasia We all know perfectly well that in Spain, currently, there is no death penalty, also dominated in the Anglo-Saxon world “capital punishment” (capital punishment). What we do already have is the “revisable permanent prison”… Article 15 of the Spanish Constitution of 1978 enshrines the “right to life…with the death penalty being
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The right of victims to the last word in court In the current criminal process in Spain, the defendants, in addition to being defended at all times and from the moment of their arrest by Abogado of your choice, article 739 and concordant Criminal Procedure Law, in a generous interpretation of those prescribed in articles
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Criminal courts before covid-19 The “ZOOM” has already begun to operate as new and, in the present exceptional circumstances, almost essential jurisdictional material of support in some jurisdictions of the USA, both in ordinary trials before judges (“bench trials”) and in the more complicated Trials before the Court Popular, that, as we know that in
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Confessions and false statements in criminal proceedings The article 406 of the still valid Criminal Procedure Law (RD September 14, 1882), contains an important guarantee regarding the main objective of the Criminal Law: “search for the Real Truth”…and with that end prescribes: “The defendant’s confession will not> dispense the Investigating Judge from carrying out all
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Criminal defense for mental disorders and abnormalities Among the Criminal Lawyers It is known and commented that “when rationally and legally we cannot find another possible defense, we have no choice but to go to the defense for “MENTAL disorder, alteration or illness… : “They are exempt from criminal responsibility: Anyone who, at the time
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USA. Protests in criminal proceedings: summary practical view To practice law before the courts of Justice of the United States, both at the Federal and State levels, and once the Bar Examination has been passed or proof of capacity required by each State, and also, where appropriate, at the Federal level to be able to
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Radical transformation of “litigation” As Court Lawyers, especially criminal lawyers, we have always liked to conceptualize ourselves and, even, internally visualize ourselves as “seasoned warriors of Justice “, that armed with powerful and convincing arguments, we boldly and courageously confront the powerful and insatiable “Accusing Dragon” represented by the State Attorney’s Office… But the truth
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