Are you in Spain, with little or no knowledge at all about english language and does in need for the services of a criminal lawyer? Who can explain your rights to you and represent you when facing a legal problem? What should you do when there are these kinds of language barriers? Are there any English-speaker lawyers in Spain that can help you?
Although there are many on-line options to look for a English-speaker criminal lawyer in Spain, the consular department of each country facilitates as a guidance a list of lawyers that are members of a professional association in Spain who speak English or that have a double license, both in Spain and Gibraltar.
It is mandatory that the lawyer understands his client to be able to explain to him then in his language how the criminal system works in Spain and what the differences are from his country´s criminal system. lawyers italy
The lawyer must offer the client the support that he needs for the translation of all the legal documents and offer him a fully advice to guarantee him the safety of being represented by a professional who will take his legal proceeding to a successful conclusion.
Is the criminal system in Spain the same of your country? Do you need any basic knowledge of the criminal system in Spain?
In Spain, the criminal system has four main jurisdictions:
The Court of Police: in which they judge minor infringements as the cases of speeding and that are sanctioned by fines.
The Correctional Court: that that deals with offenses like: theft, scams, injuries, deterioration of goods, among others. For these the sentences can go from the fine up to the deprivation of liberty of 10 years (or 20 years in case of being a recidivist).
The Criminal Court: It is in charge of judging people who have committed serious crimes (murders, armed robbery, rapes, etc.). These crimes lead to a sentence of 15 years or more. This court does not exercise its authorities permanently, but it operates by sessions that take place every three months. Sentences of the Criminal defense until the year 2000 could not. Now the appeal is filed before the Criminal Court of another department. When an appeal is filed: if only the convict one appeals, the condemnation cannot worsen, but if the district attorney also appeals, they take a chance that the sentence could be even stricter. There is a Criminal Court for the younger than 16 years and a Special Criminal Court in charge of judging the crimes of attacks and drug trafficking. In this court, there is no jury, but it only consists of professional judges.
The Investigating Judge: His work is to search and to discover the facts that have taken place, the circumstances under they have happened, and of the person who has committed them. Once the investigation is done, the Judge can file the cause, bring the charges against the perpetrator, or finish the criminal process.
Where should you wait to be judged if you are put under arrest in Spain?
In Spain, there are several institutions that foster people coping with a situation of “preventive detention” waiting to be judged or convicted.
There are the “Detention Houses”, which foster people in a preventive way and those whose sentence does not exceed the two years (or that have two years left to serve their time).
Other places are the “Detention Centers”, which house people condemned to a sentence superior to two years but have the best perspectives of reinsertion.
We can also find the “Central Houses”, which are those who receive people condemned to a long sentence or that could be considered to be a risk for society.
And finally the "Semi-Liberty” Centers, which foster convicted people but that are granted a semi-liberty regime. Those under arrest in these centers, can work in other places continue studying out of the institution. In these Centers there are also those who have been convicted for less than a year (or those who have less than a year left to finish their sentence time), and that can be included in a project for being reinserted to the society.
Does probation is also applied in Spain? - spain lawyer
Yes, but it is only applied when the person has served half of the sentence time, when the person is older than 70 years, or someone whose sentence is for less than four years, or that has four years left to serve and he or she is the guardian of a child younger than 10 years who lives in the same house.
The obligations imposed during the probation time vary and depend on the conviction (for example it can be undergoing a medical treatment, making good the damages that were caused, or to doing a community service). But during the whole time of probation, the person will be supervised.