NCJ Number
177380
Date Published
1998
Length
63 pages
Annotation
The criminal justice system in Spain is described with respect to criminal and procedural laws, courts, criminal procedures, sentencing and sanctions, probation, prisons, and reform.
Abstract
A new Penal Code was enacted in Spain in November 1995 that defines criminal offenses. The Code of Criminal Procedure was enacted in 1872 and modified in 1882, and the 1882 code is still in force with the addition of a few reforms. The Organic Law on the Judiciary was enacted in July 1985, police forces are regulated by a March 1986 law, the General Penitentiary Law was enacted in September 1979 and supplemented by regulatory rules in 1996, and a special statute on criminal procedures for minors was amended by a 1992 law. Fundamental principles of criminal law and procedures are described that concern legal issues, the investigative stage of the penal process, the adversarial nature of hearings, offense classifications (major, medium, and minor infractions), criminal responsibility, and prosecution. Sections of the Penal Code are outlined according to general matters, crimes, and violations. Criminal investigations and criminal proceedings are discussed, as well as special issues related to arrest, detention, judicial decisions, evidence admissibility, and witnesses. Consideration is also paid to the organization of the prosecution and courts, attorneys and legal counsel, crime victims, sentencing and sanctions, conditional and suspended sentences, probation, the prison system, aftercare, conditional release on parole, pardons, and criminal justice system reform. Statistics on crime and criminal justice are tabulated. 64 references and 20 tables