Blog
Articles on Spanish Criminal Law. If you are a victim or have been charged with a criminal offence, my work as a criminal defense attorney in Madrid through this blog is to help you understand current legal developments in a clear and simple way.
Begoña Gómez Jury Trial: Charges & Why Jury May Be Her Best Ally
Have you been charged with a crime against Public Administration? On April 11, 2026, Judge Juan Carlos Peinado García issued a court order in procedure TJU 1146/2024 ordering the continuation of criminal proceedings against María Begoña Gómez Fernández, María Cristina...
Wheelchair Man Kills Alleged Thief: Self-Defense & Fear Analysis
In recent days, there has been enormous media coverage of the case that occurred in the Bon Pastor neighborhood, in Barcelona, in which a 66-year-old man with severely reduced mobility, wheelchair user and dependent on oxygen, wounded an 18-year-old young man with a...
National Police Arrest Man for Defrauding South American Soccer Players
Detenido en Madrid por estafar a jóvenes futbolistas sudamericanos con falsos contratos. Delitos de estafa, falsedad documental e inmigración ilegal. Qué penas se enfrentan.
Repeat Offender Law (LO 1/2026): When Minor Crimes Lead to Prison
La LO 1/2026 endurece las penas para hurtos y estafas leves reiterados. Los carteristas con antecedentes se enfrentan ahora a prisión. Qué cambia y cómo defenderte.
Can You Be Convicted for Squatting? Article 568.2 Criminal Code
El petaqueo ya es delito en España. La LO 1/2026 incorpora el art. 568.2 CP con penas de 3 a 5 años. Qué es, cómo se castiga y qué defensa funciona si te investigan.
Labor Exploitation Arrests at Madrid Call Centers: Crime & Penalties
Have you been arrested or investigated for labor exploitation at a call center?The National Police have recently arrested several people in Madrid and Fuenlabrada for an alleged case of labor exploitation at call centers. The investigation describes a system based on...
Is Selling Nitrous Oxide Illegal? Laughing Gas Crime Laws
¿Detenido por vender óxido nitroso? Art. 359 CP: penas de hasta 3 años. Abogado penalista experto en delitos contra la salud pública en Madrid.
How to Act When Facing Sexual Assault Charges
Have you been charged with sexual assault? If you have been charged with a sexual assault offense, you are probably wondering how to respond to a sexual assault charge. The first thing you should do is consult with an attorney who specializes in sexual offenses so...
Charged with Assault on Authority? Criminal Defense Lawyer
Have you been arrested or investigated for assault on authority? Here's what you need to know In Spain, thousands of criminal proceedings are opened each year for assaults, resistance, or threats against police officers, civil guards, and other public agents. In 2024...
Identity Theft Defense: Falsely Accused of Fraud
When you receive a summons as a suspect in a fraud case that you did not commit, you are likely a victim of identity theft. In 2023, cybercriminals committed 470,388 computer fraud cases in Spain; therefore, we must be very careful with the information we share...
Charged with Document Forgery? Criminal Defense Attorney
The crime of documentary fraud is a criminal offense that protects confidence in documents as means of proof in legal transactions. It is committed when a person alters, simulates, modifies or falsifies a document, whether by creating a new one based on false...
Embezzlement Crime and Penalties – Criminal Defense
Embezzlement consists of taking possession of money or property that has been entrusted by another person. In this article we will explain in plain and simple terms what the crime of embezzlement is, and what its penalties are according to the Criminal Code. ¿What is...
Sextortion and Grooming: Digital Sex Crimes in Spanish Law
La sextorsion y el grooming estan tipificados en los articulos 183 ter y 197.7 del Codigo Penal. Penas, prueba digital, defensa penal y como actuar si eres victima o te investigan.
Cybercrimes Against Minors: Legal Protection from Cyber Violence
Grooming, acoso digital, sextorsion y amenazas entre menores. Como actua la LORPM, que papel juega la Fiscalia de Menores y que hacer si tu hijo es victima o esta siendo investigado.
Privacy Crimes in Digital Era: Phones, Cloud & Devices
El articulo 197 del Codigo Penal castiga el acceso ilicito a moviles, la difusion de fotos intimas y la interceptacion de datos en la nube. Penas de hasta 4 anos de prision. Guia penal completa.
Cyberbullying & Criminal Law: How to Act if Charged or Victim
El ciberacoso penal esta tipificado en el articulo 172 ter del Codigo Penal. Guia completa sobre que conductas se castigan, penas, prueba digital y como actuar si te acusan o eres victima de stalking digital.
Street Harassment vs Sexual Assault: Supreme Court Limits
La STS 193/2026 fija 6 criterios para distinguir el acoso sexual callejero (art. 173.4 CP) de la agresión sexual (art. 178 CP). Analizamos la sentencia y las claves de defensa.
Juvenile Crimes in Spain: How a Criminal Defense Attorney Acts
Receiving a call from the Police, Prosecutor's Office or the Court because your child is involved in a crime is not part of anyone's plans. In a matter of minutes, everything changes. Doubts arise, worry, and above all, a very specific feeling: you don't know what to...
Attempted Drug Trafficking: Is It a Crime Without a Sale?
Every year, thousands of drug trafficking proceedings are followed in Spain. The 2025 Report of the Special Anti-Drug Prosecutor's Office, with data from 2024, indicates that drug trafficking proceedings increased from 23,949 in 2023 to 29,758 in 2024, with an...
Juvenile Criminal Procedure: Process and Penalties Guide
The involvement of a minor between 14 and 17 years old in a criminal offense activates a different jurisdiction than that for adults. The Spanish legal system applies Organic Law 5/2000 (LORPM), a framework that evaluates the criminal act, the minor's age, their...
Real Estate Developer Fraud: Advance Payments & Undelivered Homes
Conflicts with construction companies, developers and suppliers that charge very high amounts and then fail to execute the work, leave it half-finished or buy time with excuses, promises and documents that only serve to retain the client's money are becoming...
When Cannabis Cultivation is a Crime in Spain
Every year in Spain thousands of proceedings are initiated for crimes against public health linked to drug trafficking. The Prosecutor's Report records 23,949 preliminary and urgent proceedings for drug trafficking, of which 12,963 referred to substances that do not...
Can I Change Criminal Lawyers Mid-Case in Spain?
If you're looking into whether you can change criminal defense attorneys in the middle of a criminal proceeding, you most likely already have legal representation. And yet, something doesn't quite add up. You may not know exactly what stage your case is at.You may...
Constitutional Court: Right to Know Evidence for Pretrial Detention
In Spain, an arrest or remand in custody can turn a person's life upside down within hours. At that moment, it is not enough to know that an investigation exists. What matters is knowing what acts are attributed, why they are imputed and, above all, what are the...
Corporate Crimes in Criminal Law | Legal Guide
If you have received a summons to testify as a defendant in a corporate crime case, you are probably wondering what to do. In the business environment, decisions are made very quickly. Sometimes, under pressure. And when there is an internal conflict, any management...
Accused of Social Security Fraud? Criminal Defense Help
In Spain, control of Social Security fraud has intensified in recent years. To give you an idea of the volume: in 2023, more than 651,000 cases were processed by the Labor Inspection, with a significant weight of actions linked to Social Security and irregular...
Julio Iglesias Case: Sexual Assault Claims by Spaniards Abroad
When a case hits the press, many people ask themselves the same question: what is happening with Julio Iglesias? And, right after, another more silent but more important doubt arises: "If someone so well-known has proceedings opened against them, what could happen to...
Is SKY ECC Evidence Valid in Spain? Valencia Court Analysis
In Spain, drug trafficking is not a marginal phenomenon. In 2024 alone, 29,758 proceedings for drug trafficking were initiated in territorial prosecutor's offices (a +23.21% increase from 2023). That same year, 29,693 arrests for drug trafficking were recorded. With...
Who is Liable for Negligent Homicide in Train Accidents?
The recent railway accident that occurred in the Adamuz area has once again brought to the forefront a question that always arises when a technical incident ends up in criminal court: who is liable when a complex system fails and there are deaths or injuries. This...
Can You Appeal a Final Judgment? Supreme Court Review Appeal
A criminal sentence becomes final when no further appeal is possible against it. This occurs because all legal remedies provided by law have been exhausted or because the legal system does not contemplate an appeal against that specific ruling. From that moment, the...
Can You Appeal a Criminal Court Conviction to Supreme Court?
Appeals to the Supreme Court against judgments rendered on appeal by the Provincial Court that resolve Criminal Court sentences at first instance. You have been convicted in a Criminal Court. The sentence does not exceed five years. And now everything is...
When Can You Appeal to Supreme Court in Criminal Cases?
What is a criminal appeal to the Supreme Court and why it is not "a third trial" If you have been convicted and the appeal has gone badly, it is normal to think: "Is there really nothing I can do anymore?" Criminal appeal to the Supreme Court exists for this: to...
Denial of Shareholder Information Rights: Criminal Offense?
Within the corporate crimes regulated in articles 290 to 297 of the Criminal Code, the denial of information rights to shareholders often goes unnoticed compared to other better-known economic offenses. However, official data shows that this is not a residual figure....
Ilia Topuria Legal Analysis: Fighter’s Statement Explained
In Spain, hundreds of domestic violence complaints are filed daily. In 2024, the average was 544 complaints per day, according to data from the General Council of the Judiciary. That volume explains something very simple: sometimes there is real (and very serious)...
Can Consensual Relations Lead to Sexual Assault Conviction?
In Spain, nearly 20,000 crimes against sexual freedom are reported each year, of which approximately 5,000 are sexual assaults with penetration known to Law Enforcement Agencies. I understand the anguish that facing a criminal proceeding can entail, the fear of being...
Attorney General Conviction – Why Was He Sentenced?
Judgment 1000/2025 of the Supreme Court has placed the Attorney General at the center of public debate and has opened a legal can of worms that goes far beyond a specific case. It not only analyzes whether there was an improper leak of information about a highly...
Terraza Sentimento: Why Was Alberto Genovese Convicted?
The recent Netflix series Alberto Genovese: From Visionary to Convict chronicles the downfall of the Neapolitan entrepreneur, founder of several successful startups, after being accused by multiple women of drugging and sexually assaulting them in his luxury penthouse...
DUI Charges: Drunk Driving After Christmas Dinner
Every year, during the Christmas campaign, breathalyzer controls increase dramatically, and with them the risks of criminal charges. In 2024, crimes against road safety — primarily for driving under the influence of alcohol or drugs — continue to account for...
Money Laundering and the Christmas Lottery
The Christmas Lottery and the New Year's Day Draw are the most important lottery events in Spain. But, behind the celebration, these prizes can become the focus of investigations for money laundering, when they are used to justify funds of illicit origin. What is...
Is It Embezzlement If You Don’t Share a Lottery Prize?
Do you have a shared lottery ticket? Every December 22nd, families, friends or coworkers share tickets for the Christmas Lottery drawing, known as "El Gordo" de Navidad, hoping that their number will be a winner. But, have you ever wondered what could happen if you...
Embezzlement vs Fee Dispute: When Is It Really a Crime?
Every year in Spain thousands of convictions for embezzlement are handed down. According to official conviction statistics, this offense accounts for approximately 1.2% of total criminal convictions, with figures hovering around 4,000–5,000 annual convictions. Within...
Criminal Trial in Spain: Step-by-Step Guide for Defendants
Each year hundreds of thousands of criminal cases are processed in Spanish courts. In 2023 alone, the criminal jurisdiction registered more than 880,000 new cases throughout Spain. If you have received a complaint, knowing what to expect can make the difference...
Human Trafficking Crime – Legal Defense & Penalties
In Spain, human trafficking is neither exceptional nor distant. Every year dozens of criminal proceedings are opened for this crime. In 2024 alone, the Prosecutor's Office recorded more than 180 trafficking cases, while the National Police and Civil Guard conducted...
Is It Manslaughter to Kill Someone Attacking Your Partner?
Are you facing charges for manslaughter and don't know how your conduct might be classified? In this article, I explain clearly and without unnecessary technicalities, when courts consider it gross negligence and when they consider it ordinary negligence. And, above...
Spanish Supreme Court Validates EncroChat Evidence Decision
The Supreme Court Validates EncroChat The recent Supreme Court ruling, No. 854/2025, of October 16, marks a turning point in the debate over the validity of evidence from EncroChat, SKY ECC or ANOM, the encrypted phone network intercepted by French authorities in...
Drug Trafficking Not Causing Serious Health Damage in Spain
In Spain, cannabis consumption is already a mass phenomenon: around 12.6% of the population between 15 and 64 years old admits to having consumed cannabis in the last 12 months. Among young people (14-18 years), 21.8% declare having consumed cannabis in the last year....
Arrested for Doping & Steroid Supply? Criminal Defense Lawyer
Police and administrative focus on doping and the use of anabolic steroids continues to grow in Spain. In 2024, 3,728 anti-doping controls were conducted and the number of sports monitored was expanded. Additionally, out-of-competition controls have increased, a key...
Charged with Home Burglary? What You Need to Know
In Spain, there have been more than 50,000 residential burglaries in the first six months of 2025, a figure that, although it represents a year-on-year decrease of nearly 12%, continues to reflect a real risk for those living in single-family homes, second residences,...
Can Spain Try Me for Drug Trafficking if Arrested on High Seas?
When an arrest occurs in international waters for an alleged drug trafficking offense, many legal questions arise. One of the most common is: can Spain prosecute me for acts that occurred outside its territory? Although it may seem surprising, the answer is...
When Should a Detainee Request Habeas Corpus?
Each year in Spain, approximately 3,000 habeas corpus applications are filed. In 2023, there were 3,558 nationwide, according to the Annual Report of the General Council of the Judiciary (CGPJ). Although they are not the majority of criminal matters, their impact is...
Tax Crime & Money Laundering: Expert Criminal Defense
You are under investigation for tax fraud and money laundering and you are not an isolated case: every year the machinery launches hundreds of proceedings and thousands of alerts. In 2023 alone, the Prosecutor's Office recorded 146 investigation proceedings for crimes...
Sexual Assault Conviction? Appeal & Supreme Court Options
Have you been convicted and want to appeal? If you received a conviction for sexual assault, the judicial process does not end with the sentence. Appeals and cassation appeals offer you legitimate avenues to challenge it. Each appeal has a different purpose and...
Sex Crime Penalties in Criminal Code – Current Sentences
If you have been charged with a sexual offense in Spain, you need certainties. This article summarizes, without beating around the bush, what sentences the current Criminal Code establishes for sexual offenses, what factors can increase or decrease the sentence and...
Is Unlicensed Drug Trafficking a Crime? Legal Guide
In recent years, Spanish authorities have intensified surveillance of websites offering unauthorized medications or counterfeit pharmaceutical products. Between 2012 and 2015, the AEMPS investigated more than 1,100 websites and promoted 340 cease and desist...
What Happens If You’re Caught with Drugs at the Airport?
We are criminal defense attorneys in Madrid specializing in airport cases. Did you know that more than 45% of drug trafficking in Spain occurs by air? Every day dozens of people attempt to smuggle drugs through the airport. This statistic positions Adolfo Suárez...
Criminal Organization Membership Penalties | Legal Defense
Being accused of membership in a criminal organization or group is one of the most complex legal situations someone can face. This crime, regulated in the Spanish Criminal Code, involves severe consequences that go beyond a simple financial or administrative sanction....
Domestic Violence Assault Charges – Criminal Defense Lawyer
The assault offenses in domestic violence have a special category within the Criminal Code, with specific legal implications. These cases receive differentiated treatment due to their relationship with the Domestic Violence Act and involve greater severity when the...
Fraud Crime in Criminal Code – Legal Guide
What is the crime of fraud? It is a crime against property that consists of deceiving another person to obtain an economic benefit, causing the victim economic harm due to that deception. In this article we will explain what the crime of fraud is according to the...
Criminal Organization Membership Charges | Defense Lawyer
Membership in a criminal organization or group is a crime that seriously affects public order and is codified in the Spanish Penal Code. This article breaks down the main characteristics of these crimes, their differences, and the legal consequences for the accused....
Cryent.io & Cryent.vip: Crypto Fraud Signs & Legal Action
Cryent.io and Cryent.vip: safe investment or alleged scam? The platforms Cryent.io and Cryent.vip have attracted people in Spain with the promise of investing in cryptocurrencies and obtaining quick profits. The National Securities Market Commission (CNMV) has issued...
How Cryptocurrency Crimes Are Investigated in Spain & Globally
Cryptocurrencies have revolutionized the financial and technological landscape. But alongside their legitimate uses, they have also become a frequent channel for illicit activities. In Spain and internationally, authorities have developed advanced methods to trace,...
Negligent Money Laundering: Can You Launder Money Unknowingly?
If you have been reported or summoned as a defendant for money laundering, you may wonder: can there be negligent money laundering, that is, a crime without knowing it? The answer is yes, but the law and jurisprudence set clear limits. Here is a direct guide, designed...
Is BGLToken.com a Scam? Legal Analysis & Recovery
Imagine opening your cryptocurrency account and seeing that the balance has disappeared or that you cannot recover it. The hours you spent following the instructions of a supposed expert, trusting that you were making a secure investment, turn into a harsh blow: your...
Role of Cryptocurrency in Cybercrime | Legal Analysis
Cryptocurrencies have transformed the digital economy, offering speed, decentralization and global access. However, these same characteristics have made them an attractive tool for cybercrime. In Spain, cryptocurrency crimes have grown exponentially, generating...
Accused of Crypto Fraud? Criminal Defense Lawyer
Being accused of a crypto fraud offense in Spain is no minor issue. Criminal investigations for cryptocurrency fraud have become much more sophisticated in recent years. Specialized units of the National Police, Civil Guard, and Europol have traceability tools capable...
Cryptocurrency Scam Victim? How to Recover Money & File Reports
Cryptocurrency scams are today one of the most widespread financial threats in Spain. Bitcoin, Ethereum, USDT and other digital assets have attracted both legitimate investors and international criminal networks that perfect their methods to deceive even people with...
Can Age Mistake Avoid Sexual Assault Conviction Minor Under 16?
If you have been reported for having sexual relations with a person under 16 years of age, you are surely assailed by many doubts. What if she told me she was older?What if her entire family knew about it?What if the relationship was free and consensual for both...
Drug Trafficking Penalties: Can I Go to Prison?
Have you been charged with drug trafficking? In this article, we will explain in simple terms what drug trafficking is and what its prison sentences are. International authorities pursue the crime of drug trafficking as one of the most serious crimes. Drug trafficking...
24-Hour Criminal Defense Attorney Madrid: Detention Assistance
Has a family member been arrested? When freedom is at stake, every minute matters Receiving an unexpected call from a police station. Being informed that a loved one has been arrested. Suddenly finding yourself facing an arrest warrant. These are moments that...
Money Laundering: How Is Money Laundered? Legal Guide
On repeated occasions you will have heard talk about "black money" or "money under the table", which generally refers to cash that has not been declared to the tax authorities. In this article we are going to explain to you how money is laundered and what money...
What is Cassational Interest? Convincing Supreme Court Review
If you have been convicted and your appeal has been denied, you still have one last opportunity before the Supreme Court. The criminal cassation appeal is an extraordinary remedy and the final avenue to achieve the reversal of a sentence. But being right is not...
Cybercrime: How to Identify, Report & Defend Against Digital Crimes
Cybercrime has ceased to be a marginal threat to become one of the main concerns of contemporary criminal law. The unstoppable advancement of digital technologies has caused sustained growth in computer crimes in Spain, both in number and complexity. From unauthorized...
Criminal Defense: Legal Defenses to Avoid Prison Sentences
Did you know that the law can completely exonerate a person from criminal liability, even if they have committed a crime? This is possible when so-called grounds for exemption are present. In this article, we explain what they are, which ones exist in the Spanish...
Can Someone Unlawfully Take What Is Yours? | Legal Help
Can Criminal Law punish you for not returning money that belongs to you? This apparently paradoxical question has been resolved on multiple occasions by the Supreme Court. When it comes to sale, loan, or civil resolution contracts, the boundary between breach of...
Interpol Detention & Extradition Process in Spain – Legal Help
Receiving an Interpol red notice or learning that a loved one is being sought by another country is an extremely distressing situation. According to the Annual Report of the General Council of the Judiciary published in 2024, during 2023 Spain recorded 196 passive...
Commercial Document Forgery in Criminal Law | Defense Attorney
When does document forgery constitute a crime of falsification in commercial documents? The answer is not always evident. The Supreme Court has clarified the limits of this criminal offense and redefines the scope of the principle of absorption." The delimitation of...
Under Investigation for Tax Fraud? Criminal Defense Help
Facing a complaint or criminal investigation for crimes against the Public Treasury is one of the most delicate situations any taxpayer can face. The combination of administrative pressure, the technical complexity of tax law, and the risk of imprisonment makes this...
Nummaria Case Verdict: Why Ana Duato Acquitted, Imanol Arias Convicted?
On July 4, 2025, Section 2 of the National Court issued judgment no. 18/2025 (PA 14/21), which brought to an end one of the most high-profile criminal cases of recent years: the well-known "Nummaria case", focused on tax crimes committed through a tax advisory firm....
Appeal Pretrial Detention Order: When to Request Client Release
Obtaining provisional release is one of the most desired—and difficult—objectives in criminal proceedings. However, its application requires a precise strategy. A premature motion can be counterproductive, giving the impression that the attorney is acting on impulse...
Why Was Santos Cerdán Ordered into Pretrial Detention?
Why has provisional detention been ordered for Santos Cerdán? Complete legal analysis The recent decision by the Supreme Court to order the provisional detention of Santos Cerdán has generated extensive media, political, and legal debate. What motivated this...
How is a Police Investigation Conducted in Spain?
Criminal police investigation is the cornerstone of the criminal process in Spain. It is the initial phase that allows the criminal justice system to discover, verify and prosecute committed crimes, while ensuring the constitutional guarantees of those under...
What is the Nazarene Scam? Commercial Fraud Explained
Have they placed a large order after paying you promptly for some small ones… and then disappeared without paying? You've likely been a victim of the nazareno scam. This fraud, increasingly common among businesses and freelancers, consists of gaining your trust with...
What is Fraud by Omission and When is it Committed?
Fraud by omission is one of the most complex and lesser-known concepts in Spanish Criminal Law. However, it has great practical relevance, especially in real estate, financial, and business sectors What is fraud by omission? Fraud by omission is committed when a...
What is Notable Importance in Drug Trafficking Crimes?
In Spanish criminal law, the concept of "notorious importance" is a cornerstone in determining the severity of a drug trafficking offense. This is not a rhetorical or abstract expression, but rather a technical category with direct legal effects on sentencing, the...
Can a Judge Seize Your Assets Without Direct Proof of Crime?
Recently, the Supreme Court has established a clear and decisive doctrine regarding the forfeiture of assets related to drug trafficking and the proof of the value of narcotic substances. In this article we analyze the key points that every criminal defense attorney...
Supreme Court Appeal: How and When to File in Spain
What is an appeal to the Supreme Court? A criminal appeal to the Supreme Court is an extraordinary mechanism that allows the Supreme Court to review certain judgments to control the correct application of the Law, without reexamining the facts or evaluating evidence....
Victim’s Duty of Self-Protection in Fraud Cases | Legal Guide
In the field of Spanish criminal law, particularly in the classification of the crime of fraud under article 248 of the Penal Code, special relevance is given to the so-called victim's duty of self-protection in fraud offenses. This principle raises a key question for...
Can Sexual Consent Be Contracted? Legal Analysis
Is it possible to sign a sexual consent contract before engaging in intimate relations? What validity would it have if the other person later changes their mind? These questions, increasingly frequent in a context of growing awareness about sexual freedom, have been...
Insurance Fraud: What Happens if I File a False Claim?
What happens if you report a theft that didn't occur? Simulation of crime is a mistake that can have serious criminal consequences. Faking a theft may seem like an "easy way out" to recover a lost item or collect from insurance. But if you're caught, you could face...
Phishing Victim? Learn How to Recover Your Money
Phishing has become one of the most common scams in Spain. According to a recent study, 33% of Spaniards have been victims of phishing, positioning it as the most reported threat in the country. Additionally, 74.7% of respondents stated they had experienced some type...
Prostitution & Child Corruption Criminal Defense Attorney
Prostitution and corruption of minors offenses are among the most serious forms of violation of sexual freedom and integrity, especially when they affect minors, women and persons with disabilities. In Spain, the Ministry of Equality estimates that between 152,735 and...
Exhibitionism & Sexual Provocation Criminal Defense Lawyer
The Spanish Criminal Code contemplates a series of crimes against sexual freedom and sexual integrity that, while not involving physical contact, seriously violate the dignity and security of victims. Among these, the crimes of exhibitionism and sexual provocation...
De Minimis Principle in Drug Trafficking Cases – Small Amounts
Did you know that in Spain not every drug delivery, no matter how minimal, constitutes a crime? The principle of insignificance establishes clear limits that can make the difference between a conviction and an acquittal. This article explains in detail how this...
Can I Be Convicted for Living with a Drug Dealer?
Can I go to jail for living with a drug dealer even if I don't sell anything? Does cohabitation with a criminal imply participation in the crime? This is a question many clients ask us. The answer is no. Spanish criminal law requires that participation in a crime be...
When Is Shared Drug Use Not a Crime? Legal Defense Guide
In Spain, an increasing number of people face criminal proceedings for drug trafficking offenses, even when the real intention was never to sell, but to consume as a group. These types of situations have given rise to the development of a specific legal concept:...
Arson Crime in Spanish Criminal Code – Legal Guide
What is the crime of arson and when does it apply? What exactly does the crime of arson punish? The crime of arson is covered in article 351 of the Spanish Criminal Code, within crimes against collective security. It sanctions those who cause a fire that poses danger...
Fraud vs Breach of Contract: Key Legal Differences in Spain
In the legal world, distinguishing between the crime of fraud and a simple breach of contract is fundamental. This differentiation has very relevant consequences, both at the procedural level and in terms of criminal or civil liabilities. In Spain, not every breach of...
¿Te han denunciado por un delito contra los derechos de los trabajadores?
Have you been reported for a crime against workers' rights? Are you looking for a criminal defense attorney specializing in crimes against workers' rights who will defend your interests effectively and with experience? At our criminal law firm, we have one objective:...
¿Cómo es el procedimiento por asesinato en España?
Cuando hablamos del delito de asesinato, hablamos del crimen más grave tipificado en nuestro ordenamiento jurídico. No solo por la pena que conlleva, sino por las implicaciones emocionales, sociales y procesales que genera. En España, muchos de estos juicios se...
Recursos contra el procedimiento de extradición
¿Se puede recurrir una decisión de extradición? ¿Qué garantías existen? ¿Hasta dónde puede llegar la defensa? En este artículo vamos a desentrañar, desde la práctica del abogado penalista especializado en extradiciones, los recursos previstos en nuestro ordenamiento...
Cómo oponerse con éxito a una extradición en España
La extradición pasiva en España es una herramienta de cooperación judicial internacional que, lejos de ser un trámite mecánico, se ha convertido en un campo estratégico donde el abogado penalista especializado en extradiciones puede marcar la diferencia entre la...
Edad legal del consentimiento sexual en España: claves legales si has sido acusado de un delito sexual
La edad legal de consentimiento sexual es el umbral a partir del cual una persona puede, con plena validez jurídica, aceptar mantener relaciones sexuales. En el caso de España, ese límite se sitúa en los 16 años. Esto implica que, por debajo de esa edad, el...
Escuchas telefónicas: ¿Cuándo es legal intervenir un teléfono en España?
¿Pueden pincharme el teléfono sin que lo sepa? En los procedimientos penales más complejos —especialmente en los relacionados con delitos de estafa, tráfico de drogas o organizaciones criminales— las escuchas telefónicas se han convertido en una de las herramientas de...
El decomiso de bienes en delitos de tráfico de drogas
¿Qué es el decomiso de bienes? El decomiso de bienes en delitos de tráfico de drogas es una medida jurídica de naturaleza patrimonial que tiene por objeto privar al autor del delito de los efectos, instrumentos y ganancias derivados de la actividad ilícita. En el...
¿Te acusan de acoso o stalking y no sabes qué hacer?
El delito de acoso reiterado o stalking, recogido en el artículo 172 ter del Código Penal, fue incorporado por la Ley Orgánica 1/2015, de 30 de marzo, para dar respuesta a conductas de hostigamiento persistente que, sin encajar en las coacciones o amenazas clásicas,...
Stealthing: quitarse el preservativo sin consentimiento es delito de agresión sexual
El stealthing, práctica que consiste en la retirada no consentida del preservativo durante una relación sexual, ha generado recientemente un fuerte debate jurídico en España. Con la reciente Sentencia del Tribunal Supremo de 14 de junio 2024, se ha establecido con...
Sumisión química: el lado más oscuro de las agresiones sexuales
¿Sabes qué es la sumisión química y con qué delito suele estar relacionada? La sumisión química no es una invención de los medios ni un fenómeno aislado. Es una forma silenciosa de agresión que, en muchos casos, no deja marcas visibles, pero sí consecuencias...
EncroChat prueba nula: el Tribunal de Berlín inadmite la prueba de cargo derivada de los mensajes de EncroChat
El Tribunal Regional de Berlin declara nula la prueba derivada de los mensajes de EncroChat ¿Podemos considerar los mensajes de Encrochat como prueba nula? El Tribunal Regional de Berlín (Landgericht Berlin) ha dictado una sentencia histórica (525 KLs 8/22) en la que...
¿Por qué han absuelto a Dani Alves del delito de agresión sexual?
El caso de Dani Alves ha sido, sin lugar a dudas, uno de los procedimientos penales por delitos sexuales y más mediáticos y polarizantes de los últimos años en España. El futbolista brasileño, exjugador del FC Barcelona, PSG, Juventus y la selección de Brasil, fue...
¿Cuándo se puede detener a una persona?
Te han detenido? ¿Has recibido una llamada inesperada informándote de una denuncia? Si estás aquí, es porque te enfrentas a una situación compleja que puede cambiar tu vida. Entender cuándo se puede detener a una persona en España no solo es una cuestión jurídica. Es...
Circunstancias agravantes ¿Qué factores aumentan una condena?
¿Sabes en qué se distinguen las circunstancias atenuantes de las agravantes en el ámbito penal? Mientras que las circunstancias atenuantes permiten una reducción de la pena impuesta por la comisión de un delito, las agravantes tienen el efecto contrario: su presencia...
Marco temporal en las escuchas telefónicas en el proceso penal
El uso de dispositivos de captación y grabación de comunicaciones orales en investigaciones penales es una herramienta procesal que permite a las autoridades interceptar conversaciones del investigado mediante medios técnicos —como micrófonos ocultos o sistemas...
Circunstancias atenuantes: ¿Qué circunstancias pueden reducir una condena?
Existen situaciones en el proceso penal en las que, pese a la comisión de un delito, la ley permite una rebaja de la pena. Estas situaciones se conocen como circunstancias atenuantes y pueden jugar un papel clave en la estrategia de defensa de un abogado penalista. En...
¿Qué ha pasado en el “Caso de las Mascarillas”?
El Caso de las Mascarillas ha sido uno de los procedimientos judiciales más mediáticos en España en los últimos años. La investigación judicial se centró en la compraventa de material sanitario en marzo de 2020, durante los momentos más críticos de la pandemia de...
Qué hacer si te acusan de quebrantar una orden de alejamiento
Si has sido denunciado por quebrantamiento de orden de alejamiento, es normal que te preocupes. Muchas personas desconocen que, aunque la víctima acepte o propicie el contacto, el delito sigue existiendo. La jurisprudencia es clara: el consentimiento de la víctima no...
¿Cuáles son los requisitos de la prisión provisional en España?
La prisión provisional es la medida cautelar más restrictiva de derechos dentro del proceso penal español. Se trata de una privación de libertad que se impone antes de que exista una sentencia firme, por lo que su aplicación debe responder a criterios de legalidad,...
Cuánto cuesta un abogado penalista en Madrid
Cuando una denuncia penal llega a tus manos, el tiempo juega en tu contra. Enfrentarte a un proceso penal no solo implica estrés e incertidumbre, sino que puede afectar tu futuro personal y profesional. En este escenario, contar con el mejor abogado penalista es la...
Cómo actuar ante una orden de alejamiento en violencia de género
Lo que necesitas saber si te han impuesto una orden de alejamiento Si te han denunciado por violencia de género, una de las primeras decisiones que tomará el Juzgado será valorar si impone una orden de alejamiento. Esta medida cautelar afecta de inmediato a tu vida...
Condenas por un delito de amenazas según el Código Penal
¿Has sido denunciado por amenazar o intimidar a alguien? El delito de amenazas consiste en intimidar a otra persona con causarle un mal grave. Esta intimidación debe ser lo suficientemente seria como para generar miedo o angustia en la víctima. No es necesario cumplir...
La estafa informática ¿Cuáles son los tipos más frecuentes?
En la era digital, el comunes de lo que pensamos. ¿Sabías que el 90% de los ciberdelitos en España son estafas informáticas? Según el informe de cibercriminalidad del Ministerio del Interior de 2023, el último año registró 470.388 ciberdelitos, con un aumento...
¿Has sido víctima de una agresión física? Conoce la indemnización por delito de lesiones que te corresponde
Si has sido víctima de una agresión, o te has visto involucrado en una pelea que ha resultado en una denuncia por delito de lesiones, es importante saber que, dependiendo de la gravedad de las lesiones, la víctima tiene derecho a recibir una indemnización económica...
¿Cuál es la diferencia entre violencia de género y violencia doméstica?
¿Has denunciado por violencia de género? Los malos tratos en el ámbito familiar son un problema que preocupa a la sociedad española, tanto por su impacto social, como político. En esta entrada de blog te vamos a explicar cuál es la diferencia entre violencia de género...
Diferencia entre hurto y robo
Entre los ciudadanos corre la falsa leyenda que "cuando hurto supera los 400 euros se convierte en robo. El hurto y el robo son dos delitos distintos, en los que el Código Penal castiga la conducta en la que se ha ejecutado la acción. Cierto es, que antiguamente...
Man in the Middle Fraud: Legal Defense & Protection
Have you been a victim of cybersecurity fraud? In May 2024, the Civil Guard arrested 30 people in various Spanish locations for defrauding more than one million euros from over one hundred victims from 18 countries, using the 'Man in the Middle' method. The fraudsters...
What is Family Relationship Exemption in Criminal Law?
Article 268 of the Criminal Code regulates the family relationship excuse, but its application has clear limits and not all property crimes are covered. In this article, we will analyze what the family relationship excuse is, which crimes it applies to, the cases in...
Aggravated Fraud Crime in Spanish Criminal Law
The crime of fraud constitutes one of the most relevant property offenses within the Spanish Criminal Code, due to its economic and social impact. In this article we will delve into the crime of aggravated fraud. What is the crime of fraud? The crime of fraud is...
Life Imprisonment with Review – Criminal Defense Attorney
Facing a murder accusation is one of the most difficult situations a person can experience. In Spain, the most serious crimes can be punished with the sentence of reviewable life imprisonment, an indeterminate sentence of deprivation of liberty, but subject to review....
Quishing or QR Code Phishing: QR Code Scam
The QR code scam is a fraud that has emerged at a global level as an evolution of phishing tactics and identity theft. Cases have recently been detected in Spain, the United States, China, the United Kingdom, and many other countries, originating from Mexico and...
Financial Fraud: Investment Scams | Legal Defense
Have you ever been offered an investment with guaranteed high returns? With the rise of social media, the number of people affected by investment fraud has grown exponentially. Many complaints are related to investment platforms, leveraged trading, cryptocurrencies or...
Why Was Luis Rubiales Convicted? Legal Analysis
Rubiales' kiss to Jennifer Hermoso, which went around the world and filled the sports newspapers' front pages has generated intense debate about the limits of consent and the legal consequences of acts considered inappropriate. Recently we learned of his conviction...
Can I Be Convicted Without Evidence in Spain?
When an accusation can ruin your life Sexual crimes and domestic violence usually occur in private, without eyewitnesses or conclusive physical evidence. This creates a situation where, in many cases, the only evidence is the statement of the alleged victim. If you...
Criminal Continuity in Property Crimes | Legal Guide
Have you been accused of criminal continuity in a property crime? Here's what you need to know The continued offense is a fundamental legal concept in the Spanish Criminal Code, especially relevant in property crimes such as fraud, embezzlement and breach of fiduciary...
Embezzlement vs Breach of Fiduciary Duty: Key Differences
Have you been charged with embezzlement or breach of fiduciary duty? Here's what you need to know Facing criminal charges is never a simple situation. However, when the accusation involves economic crimes such as embezzlement or breach of fiduciary duty, the impact...
Does Romeo and Juliet Law Exempt from Criminal Liability?
Criminal legislation in Spain is strict regarding sexual offenses involving minors under 16 years of age. However, there is an exception known as the "Romeo and Juliet clause", which can prevent a conviction in cases where there is a consensual relationship between...
Spoofing: Phone Call Fraud & Scams – Legal Defense
Spoofing is one of the most sophisticated forms of computer fraud, and the statistics show that this crime is on the rise. According to the Crime Statistics Report for the second quarter of 2024, prepared by the Ministry of the Interior, cybercrime offenses have...
Minor Offense Trial Lawyer in Madrid – Legal Defense
Facing a minor offense trial may seem like a simple procedure, but its consequences can significantly affect your life. A conviction can result in fines, sanctions, temporary criminal records, and even restrictions of rights. Although the law allows you to defend...
Entrapment vs Undercover Agent: Legal Differences
Recently, a case has come to light that has generated great controversy: an undercover police officer had relationships with at least eight independence supporters while operating in his investigative capacity. These types of practices reignite the debate about the...
Controlled Delivery: Can You Beat Drug Trafficking Charges?
Being arrested for a drug trafficking offense can be devastating. The uncertainty, fear and feeling that everything is against you are overwhelming. Can someone be convicted of drug trafficking if the substance was never in the defendant's possession? The theory of...
Is Spying on Your Partner’s Phone a Crime? Legal Guide
Have you been charged with spying on your partner's phone? According to the Youth and Gender Barometer 2023 from the Centro Reina Sofía sobre Adolescencia y Juventud de Fad Juventud, 45% of young people consider it normal to check their partner's phone. This...
Drug Trafficking: Is CBD Commercialization Legal?
The regulation of cannabidiol (CBD) in Spain has generated significant legal controversy. Despite its commercialization in specialized stores, its possession has led to multiple complaints under the accusation of drug trafficking. The confusion between CBD and...
Procedural Fraud Crime: False Evidence in Court Trials
Have you been accused of falsifying documents in a trial? Facing an accusation of procedural fraud can be overwhelming. The use of false evidence or manipulated documents in a judicial proceeding can carry serious consequences, including substantial prison sentences....
Sham Contract Crime and Fraud – Legal Defense
In Spain, the line separating an irregular contract from a crime of fraud by simulated contract is thin, but crucial. Many people face unjustified accusations due to erroneous or malicious interpretations of their contractual agreements. If you have been reported for...
SKY ECC Arrests and Criminal Defense in Spain
In recent years, the use of encrypted messaging platforms has been in the crosshairs of law enforcement agencies from several countries. Sky ECC was one of the most widely used, allowing its users to exchange messages with an extreme level of encryption, automatically...
Disobedience to Authority Crime Guide – Legal Advice
Did you know that refusing to comply with an authority's order can be a crime? Disobedience to authority is a crime that can have serious consequences for those who commit it, and therefore, it's important to understand the balance between the rights that protect you...
What is Self-Defense? How to Act in Self-Defense
Have you been charged for defending yourself? Imagine the injustice of being assaulted and, when reacting to protect yourself, ending up being charged for having acted in self-defense. Facing an assault charge can be a terrifying experience, especially when you feel...
Trial in Absentia and its Impact on European Arrest Warrant
Trial in absentia and its relationship with European arrest warrants is a complex and controversial topic that has sparked significant legal debates in the European Union. This article explores what a trial in absentia entails, how it is regulated at the European...
European Arrest Warrant: Detention and Surrender Order
What is a European Arrest Warrant? The European Arrest Warrant (EAW), commonly known as Euroorder, is a legal instrument that facilitates cooperation between European Union member states in criminal matters. Its main objective is to expedite the arrest and surrender...
Extradition in Spain: Everything You Need to Know
Have you ever wondered what extradition is and how it is carried out in Spain? This judicial process allows a country to request the surrender of a person accused or convicted of a crime in its territory, but who is located in another country. In Spain, extradition is...
Criminal Appeal Against Conviction – Defense Lawyers
When you receive a conviction in a criminal trial, it is normal to feel uncertainty and frustration. However, the Spanish judicial system offers the possibility for the ruling to be evaluated by another judge through an appeal against conviction. The appeal allows a...
Are EncroChat Evidence Legal in Spain? Criminal Defense
Did you know that your private conversations could be used against you, even if you haven't committed any crime? This is what has happened to thousands of people following the EncroChat system hack. Discover if EncroChat evidence is legal in Spain and how you can...
Breach of Fiduciary Duty Criminal Defense | Legal Help
Have you been charged with a breach of fiduciary duty offense? Charges for breach of fiduciary duty can affect both your reputation and your professional future. The offense of breach of fiduciary duty is regulated in article 252 of the Spanish Criminal Code and...
What to Do When Facing Domestic Violence Charges
Have you been accused of domestic violence? Facing a domestic violence charge can be devastating and mark a turning point in your personal and professional life. Domestic violence cases have great relevance in the social and political sphere. According to recent data...
Fast Track Trial Spain. Fast Track Trial Lawyer Madrid
The fast-track trial, regulated by Law 38/2002, of October 24, is a key tool in the Spanish criminal system to resolve crimes in an agile and efficient manner. Designed for cases where the investigation is straightforward, this procedure seeks to avoid lengthy...
Indeed or Infojobs Scam: Everything You Need to Know
You may have recently received calls from the human resources department of Indeed or InfoJobs. But this is an InfoJobs and Indeed scam. Cybercriminals have found in identity theft an effective tool to deceive victims, using recognized employment platforms like Indeed...
Can I Change My Home Lock Without Committing Coercion Crime?
The phenomenon of squatting has gained greater relevance in recent years, becoming a matter of concern for both property owners and authorities. This increase has led to the emergence of new figures within the problem, such as the poorly termed "tenant-squatters". If...
Drug Trafficking: Legal Amounts for Personal Use
Is drug consumption a crime? From what quantity is it considered drug trafficking? What is the maximum amount of drugs I can carry? What happens if the Police catch me with drugs? The crime of drug trafficking and the quantities permitted for personal use. If you...
What is Phishing as Computer Fraud – Cyber Crime Guide
Phishing, is one of the most common forms of computer fraud. This crime consists of deceiving victims to obtain sensitive data such as passwords, credit card numbers or banking information. In Spain, the crime of phishing is regulated within the framework of fraud...
Can You Win a DUI Case? Legal Defense Strategies
Have you tested positive in a breathalyzer test and need to know if you can win a DUI case? With the arrival of the holiday season, commitments, company dinners, family gatherings and celebrations with friends increase, moments that are usually accompanied by large...
How to Expunge Criminal Records in Spain – Legal Guide
A criminal record can become an invisible but powerful barrier that limits your access to better employment opportunities, civil service examinations, and even administrative procedures. In fact, having a criminal record can result in denial of citizenship or denial...
Minor Assault Charges – Criminal Defense Attorney
Facing a complaint for minor assault charges can be a stressful situation. In this article I will try to answer the most common questions and help you understand each of the steps to follow. If you are in this situation, continue reading: knowing your rights and...
Types of Assault Charges and Their Penalties
The Criminal Code considers assault any action that causes harm or impairment to the body or mental health of another person and differentiates between types of assault charges according to their severity. For those facing assault charges, it is very important that...
When Is Foot Fetish a Crime? Legal Analysis
You're probably wondering when having a foot fetish becomes a crime... Having a particular fetish does not constitute a crime in itself. Everyone knows that Quentin Tarantino, one of the most famous film directors, has a foot fetish. The Hollywood director has even...
Assault and Battery Crimes in Criminal Law
Have you been the victim of a physical assault, or the perpetrator of a battery offense? The battery offense is one of the most common crimes in practice. Since it can occur anywhere, such as a fight in a bar. Since 2015, following the reform of the Criminal Code, all...
Coercion Charges: What Can I Do If Accused of Coercing Someone?
What is the crime of coercion? The crime of coercion consists of imposing one's will against another person to compel them, through the use of force or intimidation, to do something against their will or prevent them from doing what they have the right to do. The...
Criminal Penalties for Looting Businesses After Disasters
The recent DANA in the Valencian Community has left severe flooding and damage to infrastructure and properties, also creating insecurity in some areas. In the midst of chaos and catastrophe; the vulnerability generated by material damage and the evacuation of certain...
What is Asset Concealment Crime? How to Defend Yourself
The offense of concealment of assets refers to fraudulent acts committed by debtors to prevent their creditors from collecting what is owed to them. Following the 2008 economic crisis, many people were forced to apply for credit and, consequently, numerous defaults...
Fraud vs Embezzlement: Key Legal Differences Explained
Both crimes are found in Chapter VI of the Criminal Code which refers to fraudulent offenses. Both fraud and embezzlement are two types of fraud, which consist of obtaining an economic benefit to the detriment of another person. In this article, we will explain the...
Can I Go to Jail for Sharing My Bank Account? Money Mules
In recent years, new types of fraud have emerged. You may have been asked for your account number, and told that if you received a sum of money, you could keep a small commission. In this article I will explain what money mules are and what legal consequences they...
Difference Between Homicide and Murder | Legal Guide
Homicide and murder are the offenses with the greatest criminal penalty in our country. Although both crimes consist of killing another person, they are distinct offenses that are punished with different prison sentences. This article aims to clearly explain the...
How a Criminal Defense Attorney Can Help When Accused
Have you been accused of committing a crime? When you are accused of having committed a crime, the situation can be overwhelming, especially if the accusation is false. Facing a criminal charge carries the risk of prison sentences. From the moment you are notified of...
How a Criminal Attorney Can Help Crime Victims – Legal Guide
If you have been a victim of a crime, let me tell you that I know what you are going through. You likely face not only the physical and emotional consequences, but also the uncertainty of how to proceed legally. In my first year of practice, I was the victim of a...
Street Harassment vs Sexual Assault: Supreme Court Ruling
La STS 193/2026 fija 6 criterios para distinguir el acoso sexual callejero (art. 173.4 CP) de la agresión sexual (art. 178 CP). Analizamos la sentencia y las claves de defensa.










































































































































































