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Criminal Litigation is representing in a court of law those accused of committing a crime. Criminal law is designed to create and maintain order in a society. Criminal lawyers are tasked with trying cases where someone has been accused of breaking the laws of society.
The rules for criminal law in Spain are completely different from those in the UK. The system in Spain allows anyone to make a criminal claim against another person without any Police investigation. The process is called a “Denoncia” and is made without an appointment at the Guardia Civil Police station.
This system makes it very easy for people to find themselves in a court to answer charges of an accusation made by another person or persons without any evidence.
In some cases, the judge will open an investigation and you will be requested to attend an interview at the court. The judge will decide to proceed or not and you would be advised if any court date is set, the interview will be carried out with lawyers present and a court-appointed translator.
Other more minor cases can be taken directly to the court for a judge to decide on the evidence presented. The law is very complex and there are restrictions with regard to having witnesses that are members of your family and that may not be deemed as being independent.
More serious cases may result in the accused being taken into custody while an investigation is being carried out. The reasons can be varied and in some cases, the accused is not informed of any reasons. Custody pending trial is common with foreigners are deemed to be a flight risk.
The assistance of experienced legal counsel often greatly affects the outcome of cases where criminal litigation charges have been laid.
Legal counsel should be retained by any individual charged with a criminal litigation offence and also by the parents or legal guardians of children who have been charged under the Young Offenders legislation.
✔ Driving Offences
✔ Theft and Vandalism
✔ Crimes in the Corporate Domain
✔ Criminal Negligence
✔ Personal Assault
✔ Other Serious Offences (drug-related)
It is recommended to be represented by a quality legal counsel and support throughout the legal process.
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