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 […]
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Category Archives: Economic Criminal and Criminal Compliance
Economic Criminal and Criminal Compliance, Office
Acquittal of Our Client in the Well-Known Case of the Santa Margarita de Cortona Sculpture Attributed to the Granada Sculptor José de Mora
06
Nov
Nov
At Ayuela Jiménez, we are pleased to share the recent acquittal of our client (a renowned art dealer) of the charge of receiving stolen goods, after having purchased a valuable 18th-century Baroque sculpture without knowledge of its illicit origin, as acknowledged by the Provincial Court of Granada in Judgment 447/2024, dated 9 October. The Facts […]
Economic Criminal and Criminal Compliance
Can unlawful evidence obtained abroad be used in Spanish proceedings?
09
Oct
Oct
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 […]
Economic Criminal and Criminal Compliance, General
Can proceedings filed abroad have the effect of res judicata in Spain?
25
Sep
Sep
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 […]