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Author Archives: David Martínez de Abreu

WHEN CAN A NEGOTIATION IN WHICH A LAWFUL EVIL IS ANNOUNCED BE CRIMINAL?

As we explained in our previous article of 3 March 2025 (When is intimidation criminally relevant?), there are certain situations in which any person – regardless of their status or profession – may experience a negotiation in which a legitimate evil is announced to them if they do not comply with an equally legitimate condition. […]

When is Intimidation Criminally Relevant?

The Concept of Intimidation in Criminal Law: Coercion, Threats, or Extortion? It is not uncommon for a criminal law practitioner to encounter situations, whether in negotiations or conflicts, where one person “intimates” another, and the latter perceives themselves as having been “intimidated.” In such cases, the legal professional must determine: Are we dealing with the […]

How is a request processed in Spain for a convicted individual abroad to serve their sentence in Spain?

We will distinguish between two scenarios: if the sentence was imposed by a European Union Member State or another State. Procedure for the Transfer to Spain of Individuals Sentenced in a European Union Member State The Ministry of Justice lacks competence in this area. Competent judicial authorities handle the transfer request directly from a Member […]

Can unlawful evidence obtained abroad be used in Spanish proceedings?

We analyse the extent to which the fundamental rights recognised in our Constitution are binding with respect to evidence obtained abroad. Global interconnection is a reality that is transcending from the merely economic to the justice sector and, in this article, we turn our attention from this expansion to a specific challenge posed by evidence […]

Can proceedings filed abroad have the effect of res judicata in Spain?

The so-called exception of res judicata, specifically contemplated in criminal proceedings as one of the articles of pre-judgment (art. 666.2 LECrim), is a direct consequence of the ne bis in idem principle, configured as a fundamental right contemplated in article 25.1 CE. The prohibition of incurring in this principle includes, in its procedural aspect, the […]

Sovereignty Conflicts in International Corruption Offences

Posibles conflictos de soberanía en delitos de corrupción internacional

Since 2015, following the amendment of the Criminal Code by LO 1/2015, of 30 March, crimes against the Public Administration, more specifically, bribery, influence peddling and embezzlement, can also affect foreign officials, not only officials from the EU or EU member countries (who were already subject to this regulation since 2010, by the reform of […]

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