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Questions and answers

Questions and answers about Spanish criminal law

Usual doubts about crimes, defence and criminal execution, distributed among the 16 office services.

General information contrasted with the Spanish Criminal Code and the BOE Spanish Criminal Procedure Act, including its April update of 2026. The circumstances and the law applicable to the date of the events may change the answer.

Questions and answers

Questions

Drink-driving and road safety

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From what alcohol rate can there be a crime?

The Spanish Criminal Code provides, in any event, for rates higher than 0,60 mg/l in air or 1,2 g/l in blood, without prejudice to the applicable technical margins.

Spanish Criminal Code · art. 379
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Can there be a crime even if it doesn't exceed 0,60 mg/l?

Yeah, if it's proven that you were driving under the influence of alcohol. Driving, symptoms, tests, and other circumstances are valued.

Spanish Criminal Code · art. 379
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Does an administrative positive always amount to a crime?

No. The administrative limit and the offence are different issues. Criminal proceedings require requirements from Spanish Criminal Code and sufficient evidence.

Spanish Criminal Code · art. 379
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Can I refuse to perform the second measurement?

Refusal to a legally required evidence may constitute another offence. The second measurement should not be confused with a voluntary test chosen by the driver.

Spanish Criminal Code · art. 383
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Denying me control avoids a conviction for alcoholemia?

Not necessarily. The refusal has its own criminal relevance and the influence of alcohol can be proven by other means of proof.

Spanish Criminal Code · art. 379, art. 383
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Do I have the right to speak to an attorney before testifying?

Yeah. The person under investigation has the right to legal aid and to know the facts attributed before giving a statement in legal terms.

Spanish Criminal Procedure Act · art. 118, art. 520
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Can I keep quiet about what happened?

Yeah. You may not declare or answer certain questions. This right does not amount to a power to reject legally enforceable evidence of alcohol.

Spanish Criminal Procedure Act · art. 118
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Is there always prison for alcoholism?

No. The basic type provides alternative imprisonment, fine or community work, as well as deprivation of the right to drive. The specific penalty depends on the case.

Spanish Criminal Code · art. 379
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Is withdrawal of permission optional in a alcohol conviction?

Article 379 incorporates the deprivation of the right to drive along with the main alternative penalty. Its duration must be fixed by the judgment.

Spanish Criminal Code · art. 379
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Can I drive to work while I complete the retreat?

The need for work alone does not authorize driving during judicial deprivation. Doing so may constitute a new offence.

Spanish Criminal Code · art. 47, art. 384
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Can I fulfill the withdrawal of permission only on weekends?

You mustn't take it for granted. The penalty is a continuous temporary deprivation; its execution and dates must respect the judicial decision.

Spanish Criminal Code · art. 47
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What brings conformity to a speedy trial?

If the requirements of article 801 are met, the sentence requested may be reduced by one third. It involves accepting a conviction and requires individual advice.

Spanish Criminal Procedure Act · art. 801
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Should I always accept the conformity proposal?

No. The evidence, the facts, the penalties and their consequences must first be reviewed. Conformity must be provided freely and with sufficient information.

Spanish Criminal Procedure Act · art. 787, art. 801
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Does it matter that no accident occurred?

The absence of an accident does not exclude the offence of alcoholism. 379 does not require injury or damage.

Spanish Criminal Code · art. 379
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What changes if people are injured?

Criminal acts of civil consequence and responsibilities may occur. The imprudence, causation and special rules of the road contest should be studied.

Spanish Criminal Code · art. 142, art. 152, art. 382
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Is driving under drugs treated just like drinking alcohol?

The article 379 also punishes driving under the influence of drugs. An analytical result should be assessed together with the elements of the specific criminal offence.

Spanish Criminal Code · art. 379
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Can speeding lead to criminal proceedings?

Yes, where the criminal thresholds are exceeded: more than 60 km/h above the urban speed limit or more than 80 km/h above the interurban limit, subject to the relevant technical assessment.

Spanish Criminal Code · art. 379
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What documentation should be reviewed after the check?

The stocking, the results and timing of the measurements, the citation and the information about the instrument make it possible to prepare the defence and propose checks.

Spanish Criminal Procedure Act · art. 118, art. 796
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A conviction for alcoholemia leaves a record?

Yes, a firm criminal conviction creates antecedents. Its cancellation requires the extinction of the criminal liability and the passage of the legal period without offending.

Spanish Criminal Code · art. 136
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Questions

Driving without a licence

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Driving without ever getting a license is a crime?

The article 384 punishes driving a vehicle to motor or moped without having ever obtained a license or license. It doesn't require causing an accident.

Spanish Criminal Code · art. 384
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Driving with zero points can be a crime?

Yes, when there is a loss of validity due to total loss of points and requirements of the type, including the required knowledge of that situation.

Spanish Criminal Code · art. 384, art. 5
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Is having the permit expired equivalent to never having obtained it?

No. They're different situations. It should be checked whether there is an administrative infringement or any of the specific cases of Article 384.

Spanish Criminal Code · art. 384
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Forgetting your license at home is the same as driving without a license?

No. Failure to physically carry the document does not show that you do not have permission. It is necessary to identify the actual status of the permit.

Spanish Criminal Code · art. 384
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Can I drive if a judge has withdrawn my permit?

Driving during a judicially agreed provisional or final deprivation of liberty may constitute an offence. The resolution, its notification and the applicable period should be checked.

Spanish Criminal Code · art. 384
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Is judicial withdrawal and loss of points the same thing?

No. They have different origins and regime. Both may be criminally relevant when driving, but their requirements and accreditation documents are different.

Spanish Criminal Code · art. 384
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Do they need to prove a dangerous maneuver besides the lack of permission?

The crime of article 384 does not require an additional dangerous maneuver in its typical modalities. The driving and the specific lack of qualification must be demonstrated.

Spanish Criminal Code · art. 384
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Driving without permission always leads to prison?

Article 384 provides alternative imprisonment, fine or community work. Individualization and possible suspension require a study of the sentence and personal circumstances.

Spanish Criminal Code · art. 384, art. 80
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Can I get the card while the procedure is under way?

Getting it later does not erase the above facts. In addition, any existing judicial prohibition must be respected; its effects should be reviewed before taking action.

Spanish Criminal Code · art. 384, art. 47
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Does a foreign permit automatically exclude the offence?

It is not possible to respond without examining the document, its authenticity, the qualification it provides and the form it is charged with. Not every irregularity of exchange amounts to a crime.

Spanish Criminal Code · art. 384
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Can I ask the court to drive solely for work reasons?

Professional activity does not create an automatic exception to judicial deprivation. Any request must be resolved by the appropriate legal means before driving.

Spanish Criminal Code · art. 47, art. 384
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Can helping a child drive generate responsibility?

Yes, if the aid integrates criminally relevant participation. It is not necessary to carry the steering wheel in order for conscious cooperation to be examined.

Spanish Criminal Code · art. 28, art. 29, art. 384
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Does 384 apply to any electric skateboard?

Not automatically. The technical characteristics and legal classification of the apparatus are important. It should be checked whether it fits the vehicles to which the type refers.

Spanish Criminal Code · art. 384
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Is it a crime to drive on a private estate?

It depends on the circumstances of the route and the fact attributed. The private property label alone does not solve the scope of the road offence.

Spanish Criminal Code · art. 384
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Can I discuss the notification of the loss of validity?

Yes. The defence can examine the file, communications and evidence of knowledge. An irregularity must relate to the elements of the offence.

Spanish Criminal Procedure Act · art. 118
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Can getting a job influence the penalty?

Personal circumstances may be relevant in individualization or execution, but do not in themselves exclude a typical accredited conduction.

Spanish Criminal Code · art. 66, art. 80
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Can I agree to a driving agreement without a permit?

It may be considered whether the procedure and the prosecution meet its requirements. The evidence and consequences of accepting a conviction must be reviewed.

Spanish Criminal Procedure Act · art. 801
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What do I bring to the office if I'm being investigated for driving without a permit?

The subpoena, the available filing, the history of the DGT, court decisions and notifications help to identify which modality is attributed.

Spanish Criminal Procedure Act · art. 118
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A second conviction complicates the suspension of prison?

It can influence. Not every previous conviction has the same effect: its nature, relevance, cancellation and the requirements of each form of suspension must be examined.

Spanish Criminal Code · art. 80, art. 136
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Questions

Gender-based violence and protection

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Is it necessary to live together so that there is gender-based violence in the couple?

Not necessarily. The Spanish Criminal Code contemplates certain acts against the wife, ex-partner or woman linked by analogous relationship, even without cohabitation.

Spanish Criminal Code · art. 153
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Can there be mistreatment even if there is no visible injury?

Yeah. Work abuse and other conduct can be punishable without visible injury. Possible psychological violence should also be assessed.

Spanish Criminal Code · art. 153, art. 173
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What is habitual domestic abuse?

It is a situation of physical or psychological violence habitual in the area provided for by law. The proximity and plurality of acts are valued, without requiring prior convictions for each.

Spanish Criminal Code · art. 173
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Can I ask for protection before there's a sentence?

Yeah. Precautionary measures may be agreed upon when the risk and justification requirements are met. The protection order does not require waiting for a conviction.

Spanish Criminal Procedure Act · art. 544 bis, art. 544ter
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Where can you apply for a protection order?

A request may be made to the court, the Public Prosecutor ' s Office, the police, the victim ' s care offices and certain assistance services, which must refer it to the competent body.

Spanish Criminal Procedure Act · art. 544ter
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Can the protection order include measures on children?

Yes, you can incorporate civil measures in legal cases. Protection needs, existing family resolutions and applicable deadlines should be addressed.

Spanish Criminal Procedure Act · art. 544ter
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Is the protection order automatically granted when you report it?

No. The judicial body should assess the evidence and an objective risk situation justifying the measures requested.

Spanish Criminal Procedure Act · art. 544ter
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Does withdrawing the complaint always end the procedure?

No. In the case of criminal offences prosecuted ex officio, the proceedings may continue even if the victim changes his position. It must be distinguished to denounce, accuse and declare.

Spanish Criminal Procedure Act · art. 105
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Can I freely decide not to testify against my partner?

The family waiver has requirements and exceptions, including the previous private prosecution by the victim or have agreed to declare after adequate information. The 416 article and the procedural situation must be reviewed.

Spanish Criminal Procedure Act · art. 416
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Going back to my partner makes no sense about being away?

No. The consent of the persons concerned does not revoke a judicial decision. Its amendment or termination must be obtained by the competent body.

Spanish Criminal Code · art. 468
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Can messages and audios serve as evidence?

Yes, if they are relevant and their acquisition and integrity allow them to be used. The originals and their context should be preserved, avoiding unauthorized access.

Spanish Criminal Procedure Act · art. 299
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Proclaiming late prevents investigation?

Not automatically. The limitation period and available evidence should be examined. The time elapsed must also be assessed in the context of the facts.

Spanish Criminal Code · art. 131, art. 132
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Could the victim's statement be relevant evidence?

Yeah. It can have charge value if practiced and valued with guarantees. There is no automatic conviction or exclusion for lack of eyewitnesses.

Spanish Criminal Procedure Act · art. 741
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Can there be compensation for psychological harm?

Yes, if a compensable damage is established and its relationship to the crime. Evaluation may require clinical or expert reports.

Spanish Criminal Code · art. 109, art. 110
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What happens if I receive a complaint and deny the facts?

You have the right to know the charge, legal aid and a defence with proof of disclaimer. You must comply with judicial measures as long as they are in force.

Spanish Criminal Procedure Act · art. 118
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Does a acquittal mean the complaint was false?

No. Insufficient evidence or a acquittal alone does not prove a false accusation, which has its own requirements.

Spanish Criminal Code · art. 456
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Is economic violence always an autonomous crime?

There is no single answer for that label. The facts may fit, for example, in non-payment of maintenance, coercion or other crimes if they meet your requirements.

Spanish Criminal Code · art. 227, art. 172
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Can there be sexual assault in the marriage?

Yeah. Marriage or partnership does not substitute for free consent or exclude a crime against sexual freedom.

Spanish Criminal Code · art. 178
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What documents help explain a situation of repeated violence?

A chronology, original messages, care reports, complaints, and previous resolutions can help identify episodes and tests, without artificially altering or completing their content.

Spanish Criminal Procedure Act · art. 299
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Questions

Injuries and assault

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What is the difference between a mild injury and a 147.1 article injury?

Among other things, the objective need for medical or surgical treatment, in addition to first assistance, is important. It does not depend only on the days of healing.

Spanish Criminal Code · art. 147
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Is the first medical assistance sufficient for a crime of injury with treatment?

Not on its own. The type requires additional medical or surgical treatment; simple monitoring or monitoring of evolution is not considered treatment for this purpose.

Spanish Criminal Code · art. 147
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Could there be a crime without a visible wound?

Yeah. There may be physical abuse without injury or an accredited psychic injury. The absence of marks does not determine the file by itself.

Spanish Criminal Code · art. 147
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Can stitches be relevant to the rating?

Yeah. The really necessary and documented health action needs to be examined. The rating is not decided just by how the part is called.

Spanish Criminal Code · art. 147
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Is using a knife always aggravating the injury?

The use of dangerous instruments can integrate an aggravated subtype, taking into account the risk and outcome of the case. Not applicable without checking your requirements.

Spanish Criminal Code · art. 148
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What happens if the victim loses an organ or has a serious sequelae?

Specific types of serious injury may be applied. They import the functional entity of the damage and its medical accreditation, in addition to the imputation to the author.

Spanish Criminal Code · art. 149, art. 150
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Can a psychological injury be a crime?

Yes, when there is a criminally relevant impairment of mental health and the requirements of the type are tested. Expertise can be decisive.

Spanish Criminal Code · art. 147, art. 149
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Is it necessary to report all minor injuries personally?

The modalities of sections 2 and 3 of article 147 require a complaint from the aggrieved person or his representative, without confusing them with special family offences.

Spanish Criminal Code · art. 147, art. 153
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Can there be reckless injuries?

Yeah. The Spanish Criminal Code includes injury caused by negligence in the expected scenarios. The duty of unfulfilled care, the result and its connection must be established.

Spanish Criminal Code · art. 152
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Can I answer criminally for my dog's attack?

It can occur if a criminally relevant lack of care causes injury and the legal requirements are met. The mere status of owner does not resolve all liability.

Spanish Criminal Code · art. 152
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Can I plead self-defence if I was hit first?

It can be studied. It demands illegitimate aggression, rational necessity of the environment and lack of sufficient provocation; it does not legitimize any subsequent retaliation.

Spanish Criminal Code · art. 20
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Does a mutually accepted fight exclude the crime?

No. The assaults, injuries and participation of each person must be individualized. Reciprocity does not automatically eliminate responsibility.

Spanish Criminal Code · art. 147
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Do I have the right to claim rehabilitation expenses?

The necessary costs related to the damage may be claimed, provided that they are established. Compensation may include other notions of injury.

Spanish Criminal Code · art. 109, art. 110
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Can the scar lead to compensation?

Yes, if it constitutes a proven sequel caused by the facts. Your assessment requires taking into account the specific characteristics and the evidence available.

Spanish Criminal Code · art. 110
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Can paying compensation before trial influence?

Repair or reduction of damage before trial may be mitigating circumstance if the requirements are met. Neither acquittal is guaranteed.

Spanish Criminal Code · art. 21
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Do I need a forensic report besides the emergency part?

The initial part is useful, but a forensic assessment of treatment, evolution and sequelae may be necessary. The right test depends on what was discussed.

Spanish Criminal Procedure Act · art. 456
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Can an injury be investigated even if the offender is not identified at first?

Yeah. Steps can be taken to identify the person responsible. Descriptions, witnesses and other verifiable data should be provided without insecure identification.

Spanish Criminal Procedure Act · art. 299
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Does signing a private agreement put an end to criminal proceedings?

Not necessarily. The effect depends on the crime, its persecution regime and court decisions. An agreement on compensation does not always erase the criminal liability.

Spanish Criminal Code · art. 130
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What should I keep after an assault?

Medical parts, clinical evolution, original photographs, expenses and witness data help document the damage and its relationship to the facts.

Spanish Criminal Code · art. 109, art. 110
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Questions

Theft, robbery and burglary

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What's the difference between theft and theft?

Stealing implies seizure without violence, intimidation or typical force to access or leave the place. Robbery incorporates some of these legal forms.

Spanish Criminal Code · art. 234, art. 237
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Is a theft of less than 400 euros always mild?

No. There are aggravated circumstances and rules of multirecidence. The wording in force at the time of the events, including the reform of 2026, should be checked.

Spanish Criminal Code · art. 234, art. 235
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Can the record aggravate a new theft?

Yes, under legal requirements. They do not count those cancelled or that they should be; it is necessary to review the nature, firmness and dates of the convictions.

Spanish Criminal Code · art. 234, art. 136
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Does removing a product alarm have additional criminal consequences?

Article 234 provides for an aggravation of the penalty for neutralizing alarm devices or security of things stolen. That performance must be proven.

Spanish Criminal Code · art. 234
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Can breaking a window to get in be robbery with force?

Yeah. Fracturing of doors or windows is one of the expected forms of force, provided that it meets the other elements of the theft.

Spanish Criminal Code · art. 238
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Can using a stolen key be considered strength?

The use of false keys includes assumptions defined by law, including certain stolen keys. It is necessary to examine how they were obtained and used.

Spanish Criminal Code · art. 238, art. 239
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Is the pull of a purse always stolen?

No. According to the violence exercised and the facts, it can constitute robbery with violence. The colloquial denomination does not determine the rating.

Spanish Criminal Code · art. 242
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Does returning the subtracted eliminate the crime?

Not automatically. It may influence reparation and punishment, but it does not erase a seizure already committed.

Spanish Criminal Code · art. 21, art. 234
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Is it a crime if I'm arrested before I leave the store?

There may be attempt or consummation depending on the availability of the object and circumstances. Leaving the establishment physically is not the only criterion.

Spanish Criminal Code · art. 16, art. 62
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Is saving a foreign object found always stolen?

Not necessarily. It may pose an appropriation of other people's furniture or other qualification according to how it was received or found and subsequent conduct.

Spanish Criminal Code · art. 254
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Buying a stolen cell phone can be a crime?

Yes, if the reception requirements are met, including knowledge of the criminal origin and the intended exploitation or assistance.

Spanish Criminal Code · art. 298
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Do you need to catch me with the object to convict me?

Not necessarily. Other means of proof can be used with guarantees. The prosecution must prove the authorship and elements of the offence.

Spanish Criminal Procedure Act · art. 741
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Can chambers of commerce be used as evidence?

They can be provided and examined if they are relevant and legally usable. The identification, integrity and context of images may be contradictory.

Spanish Criminal Procedure Act · art. 299
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Is breaking into a house making the criminal response worse?

Robbery at home has a specific regulation. The nature of the place, the way of access and the circumstances of execution should be analysed.

Spanish Criminal Code · art. 241
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Will I answer anything that anyone who accompanies me does?

Not automatically. Responsibility depends on your intervention and the knowledge and scope of the shared plan, with individualized testing.

Spanish Criminal Code · art. 28, art. 29
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Can you convict yourself of a robbery that didn't come to an end?

Yes, attempt is punishable when its requirements are met. Their sentence is determined by the degree of execution and the danger generated.

Spanish Criminal Code · art. 16, art. 62
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What value is used to decide the amount subtracted?

The value of the assets must be established in accordance with the rules applicable to the proceedings. A specific valuation rule exists in commercial establishments.

Spanish Criminal Procedure Act · art. 365
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Can a robbery generate compensation even if the object is recovered?

Yes, if there are any accredited damages or other damages. Restitution and compensation are related but different concepts.

Spanish Criminal Code · art. 110, art. 111
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Does the owner's forgiveness always end the cause?

No. Stealing and theft are not generally extinguished by private forgiveness. Reparation can be assessed without automatically eliminating the offence.

Spanish Criminal Code · art. 130
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Questions

Threats, coercion and harassment

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What distinguishes a threat from an insult?

The threat announces an evil with intimidating relevance. The insult affects honour; its treatment depends on the content, context and requirements of each crime.

Spanish Criminal Code · art. 169, art. 171, art. 208
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Should a threat be made face to face?

No. You can communicate by messages, calls, or other means. Their content, addressee, seriousness and circumstances should be examined.

Spanish Criminal Code · art. 169, art. 171
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Can there be a crime if the threat does not deliver?

Yeah. The execution of the evil announced is not necessary for any threat. It matters that the elements of the type concrete are demonstrated.

Spanish Criminal Code · art. 169, art. 171
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Threatening to collect a debt can be a crime?

The existence of a debt does not authorize any pressure. The medium used can fit into threats or coercion, depending on the facts.

Spanish Criminal Code · art. 169, art. 172
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What are coercion?

They consist, in the basic assumption, of preventing with violence what the law allows or compels to do what is not wanted, without legitimate authorization.

Spanish Criminal Code · art. 172
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Can changing a lock to expel someone be coercion?

It can be according to the right of use, purpose and means employed. The judicial system should be used and the possessory situation should be examined.

Spanish Criminal Code · art. 172
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Cutting the light so someone can leave home can be a crime?

Yes, if it integrates a coercive behavior. Being a contract holder does not automatically authorize the use of the supply to force the exit of another person.

Spanish Criminal Code · art. 172
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What turns repeated contacts into harassment?

The law requires persistent and repeated behaviors, without legitimate authorization, that alter the normal development of daily life in the terms of article 172 ter.

Spanish Criminal Code · art. 172ter
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Is a single annoying message enough to talk about staging?

The crime of harassment requires insistence and repetition. An isolated message may have another relevance, but it does not meet those requirements alone.

Spanish Criminal Code · art. 172ter
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Blocking the sender prevents reporting previous messages?

No. You can keep messages and other evidence. The blockade alone does not determine the absence of prior criminally relevant conduct.

Spanish Criminal Code · art. 172ter
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Can coercion exist within the couple?

Yeah. The Spanish Criminal Code foresees specific assumptions, in addition to the general regulation. The relationship does not legitimize the imposition of decisions through criminally relevant pressure.

Spanish Criminal Code · art. 172
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A fake profile with my image can be a crime?

Article 172 ter contemplates certain non-consensual uses of the image that cause harassment, harassment or humiliation. Your requirements must be met.

Spanish Criminal Code · art. 172ter
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Can threats to a family member of mine also affect me criminally?

The law provides for advertisements for ills directed at relatives or other intimately related persons. It is necessary to analyze the content and concrete assumed.

Spanish Criminal Code · art. 169
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May I request that no one come near me?

A restraining or communication interim measure may be requested if the legal requirements are met and is necessary and proportionate.

Spanish Criminal Procedure Act · art. 544 bis
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Do I have to keep answering to keep evidence?

There is no need to generate new contacts. Existing originals should be preserved and any risk or new incident transferred to the competent authorities.

Spanish Criminal Procedure Act · art. 299
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Do they serve screenshots from a conversation?

They can be provided, but their authenticity and context can be discussed. Keep the device, originals and complete conversation when possible.

Spanish Criminal Procedure Act · art. 299
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Do coercion always require punches?

They must not be reduced to blows. The valuation includes the specific way to impose or prevent conduct and its fit in the interpretation of the type.

Spanish Criminal Code · art. 172
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Does a family discussion automatically become a criminal threat?

No. The words, the context, the entity of evil and the other required elements must be examined; a bad relationship is not enough.

Spanish Criminal Code · art. 169, art. 171
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What do I prepare to consult a harassment case?

A chronology, original contacts, routine changes, witnesses, and previous resolutions help to assess repetition, its effects, and possible measures.

Spanish Criminal Code · art. 172ter
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Questions

Fraud and property offences

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What basic elements does a scam have?

In its common form it requires quite a lot of deception, profit motive and an act of disposition that causes harm. An economic loss alone does not credit those elements.

Spanish Criminal Code · art. 248
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Is breaching a contract always a fraud offence?

No. A civil breach must be distinguished from criminally relevant deception. The timing, intent and maneuvers that led to the surrender matter.

Spanish Criminal Code · art. 248
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Can I report an online purchase that never comes?

There may be scams, but we need to investigate the deception and not just the delay. Keep ad, order, communications, payment and seller's data.

Spanish Criminal Code · art. 248
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A small-scale scam never gets to prison?

That cannot be said. The amount, the aggravated circumstances and the current regulation condition the penalty; the applicable rate must be reviewed.

Spanish Criminal Code · art. 249, art. 250
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Is it relevant to use someone else's identity to collect?

It can be for scams and other crimes, according to conduct. The deception, impersonation and documents used must be individualized.

Spanish Criminal Code · art. 248, art. 392
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What is a computer scam?

The law provides for computer manipulations or artifices that cause unconsensual property transfers and other specific behaviours. It does not require exact reproduction of face-to-face deception.

Spanish Criminal Code · art. 249
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A failed investment amounts to a scam?

No. It is necessary to prove the deception and its relationship with the delivery of the money. Investor risk and loss do not replace that evidence.

Spanish Criminal Code · art. 248
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Can guaranteed returns promises be tested?

They can help rebuild the deception if they contrast with the reality of the product, the ability of the offeror and the destination of the funds.

Spanish Criminal Code · art. 248
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What's the difference between scams and misappropriation?

In general terms, the scam uses deception to obtain displacement; appropriation starts from a reception that generates an obligation of delivery or return.

Spanish Criminal Code · art. 248, art. 253
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Can it be a crime to keep money received for management?

Yes, if misappropriation or other requirements are met. You have to prove the delivery, your destination and the arrangement made.

Spanish Criminal Code · art. 253
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Can a company be held criminally liable for a scam?

Yes, in the legal cases of liability of legal persons. Your requirements must be accredited and your own defence guarantees respected.

Spanish Criminal Code · art. 31bis, art. 251 bis
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Can I claim the money within the criminal procedure?

Yes, civil proceedings may be instituted alongside criminal proceedings, except in the absence of a waiver or reservation in the legal terms. The injury should be documented.

Spanish Criminal Procedure Act · art. 100, art. 112
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Returning the money before trial avoids any conviction?

Not automatically. Reparation may influence the penalty, but it does not necessarily eliminate a crime already accomplished.

Spanish Criminal Code · art. 21
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Can you convict me just for receiving a transfer?

Receiving it alone is not enough. Your intervention and knowledge relevant to the crime attributed must be proven; the origin and destination of the funds must be explained.

Spanish Criminal Code · art. 5, art. 28
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Can lending my bank account to someone else involve me?

It can generate research and, if conscious participation is credited, responsibility. Messages, instructions, operations and the actual function of the account should be examined.

Spanish Criminal Code · art. 28, art. 29
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Can a false proof of payment have criminal relevance?

Yes, depending on how it is elaborated and used, it can integrate deception and, if necessary, a documentary falsehood. The qualification depends on the document and the facts.

Spanish Criminal Code · art. 248, art. 392
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Can I group multiple payments into one complaint?

You can describe all related operations. Their consideration as criminal continuity or other crimes requires an analysis of the plan, the plurality of acts and the victims.

Spanish Criminal Code · art. 74
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What documents help investigate a scam?

Contracts, advertising, complete conversations, bank supporting documents and account data allow to reconstruct the offer, deliveries and damage.

Spanish Criminal Procedure Act · art. 299
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Is a conflict over an internet domain always misappropriation?

No. Its economic value is not sufficient: the receipt certificate, the obligation to return and the other elements of the offence must be used.

Spanish Criminal Code · art. 253
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Questions

Non-payment of maintenance

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How many non-payments can result in the crime of pensions?

The periodic assumption of article 227 provides for two consecutive months or four non-consecutive months of non-payment, in addition to the remaining requirements of the offence.

Spanish Criminal Code · art. 227
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Is any debt between former partners a criminal non-payment of maintenance?

No. The benefit must fit into the legal circumstances and be fixed in a judicially approved agreement or judicial decision, with other requirements of the type.

Spanish Criminal Code · art. 227
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Does not having income always exclude responsibility?

Actual capacity to pay and voluntary behaviour should be analysed. An effective impossibility does not amount to a decision to default being able to pay.

Spanish Criminal Code · art. 5, art. 227
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Is being unemployed allowing me to stop paying just like that?

It does not change the family resolution alone. Actual income and resources should be valued and, where appropriate, requested for amendment by the appropriate means.

Spanish Criminal Code · art. 227
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Does paying only one party prevent crime?

Not automatically. The entity of the omitted, the economic capacity and the whole of the non-compliance are imported; the specific case should be considered.

Spanish Criminal Code · art. 227
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Can I make up for the pension with gifts to my children?

You must not automatically equate them with due judicial payment. The content of the obligation and whether there is legally valid compliance must be checked.

Spanish Criminal Code · art. 227
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Don't let me see my kids let me stop paying?

No. The conflict over visits must be channeled in its own way and does not eliminate the judicially fixed economic obligation.

Spanish Criminal Code · art. 227
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Does paying after the complaint always close the case?

Not necessarily. Payment may repair the damage and influence the penalty, but it should be examined whether a criminal breach has already occurred.

Spanish Criminal Code · art. 21, art. 227
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Does the repair include pensions that were not paid?

Yeah. Article 227 provides that compensation for the damage always involves payment of the amounts due as a result of the offence.

Spanish Criminal Code · art. 227
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Can the non-payment of a fixed one-time benefit be reported?

Article 227.2 provides for certain joint or one-off financial obligations. It must be noted that the obligation and the assumption fit in with its regulation.

Spanish Criminal Code · art. 227
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Who can report a non-payment of maintenance?

Persecution is subject to the complaint regime of the aggrieved person or his or her representative, with the intervention of Public Prosecutor’s Office in the cases envisaged.

Spanish Criminal Code · art. 228
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Does criminal procedure always replace civil execution?

No. They are routes with requirements and different objectives that must be coordinated, avoiding doubling the collection of the same debt.

Spanish Criminal Procedure Act · art. 100, art. 112
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Can the criminal sentence change the future pension?

Criminal proceedings for non-payment do not replace family proceedings for modification of the benefit. Past responsibility and future obligation must be distinguished.

Spanish Criminal Code · art. 227
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Hiding property so as not to pay can be another crime?

Yes, if there are elements of frustration of execution or other type. It is not enough to claim a debt: the relevant patrimonial acts must be established.

Spanish Criminal Code · art. 257
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Is a criminal fine possible instead of a prison?

Section 227.1 provides for imprisonment or a fine. The choice and individualization require attention to the facts and the legal rules.

Spanish Criminal Code · art. 227
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Does a conviction for non-payment generate a record?

Yes, if it's criminal and firm. The cancellation depends on the sentence imposed, its extinction and the legal period without any further offence.

Spanish Criminal Code · art. 136
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What do I wear if I want to report the default?

The resolution or agreement approved, a monthly statement of due, proof of collection and requirements help to establish the non-compliance and the proof.

Spanish Criminal Code · art. 227
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What do I wear if I'm reported and I couldn't afford it?

Document income, benefits, essential expenses, goods, payments made and economic changes. The defence must explain the actual capacity during the accused periods.

Spanish Criminal Procedure Act · art. 118
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Does talking about economic violence avoid proving the crime of non-payment?

No. This expression may describe the impact of non-compliance, but does not substitute for legal requirements or evidence of criminally responsible conduct.

Spanish Criminal Code · art. 227
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Questions

Restraining orders and breaches

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What is the difference between an interim measure and a restraining sentence?

Precautionary protection during the trial and the penalty comes from a conviction. Both must be respected as long as they are in force, according to their judicial content.

Spanish Criminal Procedure Act · art. 544 bis
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Does the consent of the protected person allow me to approach?

It does not revoke a court order. You must respect it until the competent body agrees to its modification or cessation.

Spanish Criminal Code · art. 468
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Reconciling eliminates prohibition on communication?

No. Reconciliation is not a substitute for a judicial decision. Contact may remain a breach as long as the prohibition remains in force.

Spanish Criminal Code · art. 468
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Can a missed call violate the ban on communicating?

It can do so, according to its circumstances, if it allows the protected person to know the contact and its origin. It is not essential to have a conversation.

Spanish Criminal Code · art. 468
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Can sending messages via social media be a breach?

Yes, if it violates an existing prohibition and the elements of the offence are present. The scope of prohibited channels and contacts must be read.

Spanish Criminal Code · art. 48, art. 468
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Can I contact you using a friend's phone?

Interposing another person does not guarantee that contact is lawful. The indirect communication must be assessed in accordance with the content of the resolution.

Spanish Criminal Code · art. 48, art. 468
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What do I do if I happen to agree with the protected person?

Those who have restricted the approach must turn away when warning the coincidence. The incident should be documented and the judicial distance strictly respected.

Spanish Criminal Code · art. 48, art. 468
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Does the protected person have to leave if we agree?

The obligation to comply with the prohibition rests with the addressee. You cannot transfer to the protected person the duty to prevent your non-compliance.

Spanish Criminal Code · art. 48, art. 468
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How is the distance of a restraining order measured?

First, the provisions of the judicial decision must be taken into account. The case law uses, in the absence of precision, straight line measurement.

Spanish Criminal Code · art. 48
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Can I contact you for common children's affairs?

There is no automatic exception. They should organize channels compatible with the resolution and seek judicial clarification if necessary before contacting.

Spanish Criminal Code · art. 48, art. 468
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Would the amendment of the measure allow me to stop complying with it?

No. The petition does not itself suspend its validity. You must wait for a court decision to change the obligation.

Spanish Criminal Procedure Act · art. 544 bis
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Can you ask for a change for work or home reasons?

It can be requested, providing circumstances and alternatives. The judicial body must assess protection, necessity and proportionality; the concession is not automatic.

Spanish Criminal Procedure Act · art. 544 bis
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Can there be a prison for breaking a warrant?

Yes, article 468 provides for imprisonment in certain cases, including those relating to measures or penalties for the protection of persons within the legally provided scope.

Spanish Criminal Code · art. 468
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Can non-compliance strengthen precautionary measures?

Yeah. The court may review the protection and assess more restrictive measures in accordance with legal requirements, in addition to investigating the breach.

Spanish Criminal Procedure Act · art. 544 bis
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Can handling a control device have criminal relevance?

Yeah. Article 468 provides for conduct that disables, disturbs or fails to comply with certain obligations on technical control devices.

Spanish Criminal Code · art. 468
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Is it enough to ignore the exact distance to be acquitted?

Not automatically. Knowledge of resolution and concrete conduct should be analysed. It is essential to keep and review your notifications.

Spanish Criminal Code · art. 5, art. 468
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Does a subsequent acquittal erase any previous non-compliance?

It must not be taken for granted. Consideration should be given to what measure was in force, its content and the procedural situation at the time of contact.

Spanish Criminal Code · art. 468
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What documents do I need to review an alleged breach?

Full resolution, notifications, any modifications and contact or proximity tests allow us to study validity, scope and knowledge.

Spanish Criminal Procedure Act · art. 118
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Can I report a new contact even if I don't answer?

Yeah. It retains the original communication and provides its data to the authorities. There is no need to respond in order to assess the possible non-compliance.

Spanish Criminal Code · art. 468
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Questions

Criminal record

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What are the criminal records?

These are notes of final criminal convictions in the relevant register. They should not be confused with a complaint or an investigation without conviction.

Spanish Criminal Code · art. 136
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Does a complaint automatically leave a criminal record?

No. The mere complaint is not a firm criminal conviction. It can lead to an investigation with a result yet to be determined.

Spanish Criminal Procedure Act · art. 299
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Are police records the same as prison records?

No. They have different origins and regime. The criminal cancellation of article 136 does not resolve any police annotation alone.

Spanish Criminal Code · art. 136
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Can a criminal fine also generate antecedents?

Yeah. A final fine is a criminal sentence, even if it does not involve imprisonment.

Spanish Criminal Code · art. 33, art. 136
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Is a suspended prison sentence still generating background?

Yeah. The suspension affects the execution of the sentence, does not eliminate the sentence. Cancellation has specific requirements and computations.

Spanish Criminal Code · art. 80, art. 136
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Are the records cancelled on the day I pay the fine?

No. First the criminal liability must be extinguished and then the legal period must pass without any further offence, on the basis of the corresponding penalty.

Spanish Criminal Code · art. 136
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How long does it take to cancel a mild sentence?

The time limit for minor penalties is six months without re-offending, calculated in accordance with article 136 after extinction.

Spanish Criminal Code · art. 136
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Is there a single cancellation period for all convictions?

No. The law distinguishes six months, two, three, five or ten years according to the penalty and the assumption. It needs to be classified correctly.

Spanish Criminal Code · art. 136
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Since when does the cancellation deadline begin?

As a rule, from the day following the expiration of the sentence. For the conditional remission of the sentence there are specific computational rules.

Spanish Criminal Code · art. 136
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Should I review all the sentences of the same sentence?

Yeah. A sentence may impose several penalties and consequences. It is appropriate to check its extinction and liquidation to correctly calculate the cancellation.

Spanish Criminal Code · art. 136
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Can the cancellation be remembered ex officio?

Yes, the 136 article recognizes the cancellation on its own initiative or at the request of a party when its requirements are met.

Spanish Criminal Code · art. 136
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Where is the criminal cancellation requested?

It is up to the Ministry of Justice. Before processing, it is advisable to check the penalty, its extinction and the dates, using the official channels.

Spanish Criminal Code · art. 136
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What happens if I meet the requirements but the background still appears?

You can request your cancellation and provide the necessary documentation. The law also provides for judicial treatment when it should have been cancelled.

Spanish Criminal Code · art. 136
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Can a cancelled record be used to assess recidivism?

The history cancelled or that should be, according to the requirements of the Spanish Criminal Code, should not be counted as reoffending.

Spanish Criminal Code · art. 22
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Does any previous conviction imply recidivism?

No. The aggravating circumstance requires legal requirements of the nature and location of the offence, as well as firmness and absence of appropriate cancellation.

Spanish Criminal Code · art. 22
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Do the background always make a prison suspension difficult?

They may influence, but the 80 article distinguishes irrelevant, reprehensible, reckless and other circumstances. The examination is not an automatic ban in any case.

Spanish Criminal Code · art. 80
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Do I need a certificate and sentence to study a cancellation?

Both are useful, along with liquidation and termination or remission orders. The certificate alone may not explain the entire computation.

Spanish Criminal Code · art. 136
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Canceling background deletes old publications on the internet?

Not automatically. The registration cancellation and the withdrawal or deindexation of information on the internet are different issues, with their own rules.

Spanish Criminal Code · art. 136
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Questions

Enforcement of sentences and fines

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A sentence of less than two years always avoids imprisonment?

No. Suspension requires a reasoned decision and meets its requirements. The length of the sentence is not the only valuable element.

Spanish Criminal Code · art. 80
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What does it mean to suspend a prison sentence?

It means putting their execution on hold under conditions and for a period of time. It does not amount to a acquittal or remove the background immediately.

Spanish Criminal Code · art. 80, art. 82
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Who decides if the prison is suspended?

The competent judicial body, by reasoned decision and in accordance with legal requirements and personal and factual circumstances.

Spanish Criminal Code · art. 80, art. 82
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Can they impose conditions on me during the suspension?

Yeah. Prohibitions, duties and benefits may be established in the circumstances envisaged. You must know exactly the content of the resolution.

Spanish Criminal Code · art. 83, art. 84
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What happens if I fail to comply with the conditions of suspension?

The regime may be modified or the suspension revoked according to gravity and legal circumstances. It is not appropriate to ignore any court order.

Spanish Criminal Code · art. 86
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Does committing another crime automatically revoke any suspension?

The law requires valuing its requirements and the incidence of the new crime in the forecast of suspension. It must be resolved judicially.

Spanish Criminal Code · art. 86
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Can I split the payment of a criminal fine?

The judge may authorize deferred payment within legal limits and in accordance with the situation of the convicted person. It must be asked and justified.

Spanish Criminal Code · art. 50
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Does the daily fine fee depend on my income?

It should be fixed on the basis of the economic situation, assets, income, obligations and family burdens. It is important to provide verifiable data.

Spanish Criminal Code · art. 50
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Can the fine be changed if my economy gets worse?

The law allows to review quotas or deadlines in the face of a relevant economic change, after the corresponding inquiry. It is not automatically modified by failing to pay.

Spanish Criminal Code · art. 51
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What if I don't pay a criminal fine?

Subsidiary personal liability may be generated in legal cases, after consideration of the non-payment and urgency. It does not amount to an ordinary civil debt.

Spanish Criminal Code · art. 53
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Do jobs for the benefit of the community require my consent?

Yeah. The Spanish Criminal Code provides that they cannot be imposed without the consent of the convicted person and regulates their conditions of execution.

Spanish Criminal Code · art. 49
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Can I stop going to community work on my own?

No. An occupational or medical incidence must be communicated and justified by means of execution. Non-compliance can have consequences.

Spanish Criminal Code · art. 49
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Can paying civil liability influence the suspension?

Yeah. Satisfaction or commitment of payment according to economic capacity is relevant in the terms of article 80.

Spanish Criminal Code · art. 80
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Can all my convictions accumulate in one?

No. Accumulation and its limits require examining dates of facts, judgments and rules of compliance. It is not a simple sum or voluntary unification.

Spanish Criminal Code · art. 76
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Is the ceiling on enforcement equal to the sum of penalties?

Not necessarily. The Spanish Criminal Code sets limits and exceptions; moreover, the calculation of benefits may have different rules.

Spanish Criminal Code · art. 76, art. 78
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Can imprisonment be replaced by expulsion of a foreign person?

In legal cases, with assessment of proportionality and circumstances such as arraigo. It is not a uniform consequence of any conviction.

Spanish Criminal Code · art. 89
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Do serving the prison mean I no longer owe compensation?

Not necessarily. Extinction of sentence does not by itself eliminate the pending civil liability derived from the crime.

Spanish Criminal Code · art. 109, art. 130
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What documents do I need to review the execution of a sentence?

The final judgment, liquidations, requirements, suspension orders and payment or compliance supporting documents allow to identify obligations and deadlines.

Spanish Criminal Procedure Act · art. 988
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Questions

Criminal defence and fast-track proceedings

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What do you mean I'm cited as being investigated?

That you are provisionally attributed participation in some events and have rights to defence. It doesn't amount to a conviction.

Spanish Criminal Procedure Act · art. 118
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Do I have the right to know the facts attributed to me?

Yes, with the information and access legally provided to exercise the defence, without prejudice to justified limitations such as the agreed secrecy.

Spanish Criminal Procedure Act · art. 118, art. 302
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Can I choose counsel in criminal proceedings?

Yes, in legal terms. If you do not designate one when your intervention is necessary, the corresponding assistance mechanisms should be articulated.

Spanish Criminal Procedure Act · art. 118, art. 520
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Can I talk to my lawyer in private?

Yes, with the guarantees and exceptions legally provided. The confidentiality of the communication is part of the defence.

Spanish Criminal Procedure Act · art. 118, art. 520
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Am I obliged to testify if I am arrested?

No. You have the right to remain silent, not to answer some questions and not to testify against yourself, with understandable information about your rights.

Spanish Criminal Procedure Act · art. 520
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How long can an ordinary police custody last?

Only the time strictly necessary for investigations and, at the most ordinary, seventy-two hours prior to release or placement in court.

Spanish Criminal Procedure Act · art. 520
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Can I request medical assistance during detention?

Yeah. The detainee has the right to be examined by the forensic doctor, his legal substitute or other professional in the circumstances envisaged.

Spanish Criminal Procedure Act · art. 520
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Am I entitled to an interpreter if I don't understand the language?

Yes, in legal terms, including the assistance needed to understand the proceedings and exercise the defence.

Spanish Criminal Procedure Act · art. 123, art. 520
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What is a quick trial?

It is a procedure for certain offences and legal circumstances that allows for the concentration of proceedings. Not every simple matter can be dealt with by this means.

Spanish Criminal Procedure Act · art. 795
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Does a quick trial subpoena mean I'm already convicted?

No. There are procedures, defence and procedural decisions. An eventual conformity or judgement must respect the corresponding guarantees.

Spanish Criminal Procedure Act · art. 795, art. 800
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Does conformity mean recognizing a conviction?

Yeah. It requires knowing the facts and consequences and giving valid consent. It should not be accepted solely because of the rush to complete the appearance.

Spanish Criminal Procedure Act · art. 787, art. 801
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Can I propose evidence to support my version?

Yes, through the appropriate channels and procedural moments. The judicial body shall decide on its relevance and usefulness in accordance with the law.

Spanish Criminal Procedure Act · art. 311
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What is provisional dismissal of proceedings?

It is the filing in legal cases without necessarily closing the possibility of reopening if sufficient elements appear and the offence has not been prescribed.

Spanish Criminal Procedure Act · art. 641
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What difference does the definitive dismissal of proceedings make?

It is agreed for different legal reasons, such as that the act is not a crime, and has a different scope of closure from the provisional.

Spanish Criminal Procedure Act · art. 637
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Can I appeal against a resolution that hurts me?

It depends on the type of resolution, procedure and time frame. The full notification and appeal regime must be reviewed before it expires.

Spanish Criminal Procedure Act · art. 766
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Is a pre-trial detention an anticipated penalty?

No. It is an exceptional precautionary measure subject to requirements, purposes and limits. It may be requested for review in accordance with the law.

Spanish Criminal Procedure Act · art. 502, art. 503, art. 504
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Do I need a lawyer for any complaints?

Not to make any complaint, but assistance may be useful and necessary in certain proceedings. Complaint and complaint have different requirements.

Spanish Criminal Procedure Act · art. 265, art. 277
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Can I claim damages like private prosecution by the victim?

Criminal and civil proceedings may be instituted in legal terms. Legitimacy, personation, damage and documentation must be reviewed.

Spanish Criminal Procedure Act · art. 109, art. 110
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What brings me to a first criminal consultation?

Full summons and notifications, available complaints or reports, previous rulings and original evidence. Indicates dates of receipt to review deadlines.

Spanish Criminal Procedure Act · art. 118
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Questions

Privacy and disclosure of private information

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Can reading someone else's cell phone without permission be a crime?

It can be if the elements of the discovery of secrets or other type come together. Personal or partner relationship is not a general authorization.

Spanish Criminal Code · art. 197
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Does knowing a password mean having permission to use it?

Not necessarily. The actual authorization, its scope and conduct must be examined. Technical access capacity does not resolve your lawfulness.

Spanish Criminal Code · art. 197, art. 197 bis
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Accessing my ex-partner's mail can be a crime?

Yes, depending on the form and purpose of the access and the data affected. An earlier relationship does not legitimize entering into their private communications.

Spanish Criminal Code · art. 197
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Can unauthorized access be relevant even if it doesn't spread anything?

Yeah. Some modalities punish typical discovery or access without requiring subsequent disclosure. The specific assumption must be identified.

Spanish Criminal Code · art. 197, art. 197 bis
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Can spreading an intimate image received with consent be a crime?

Yes, in the cases of article 197.7. Consent to obtain or send to a person does not amount to consenting to any dissemination.

Spanish Criminal Code · art. 197
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Can sending an intimate video also generate responsibility?

It can do so in the terms of the article 197.7, depending on how it was received, knowledge and dissemination. There should be no impunity for not recording it.

Spanish Criminal Code · art. 197
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Can a healthcare professional consult any history of the system?

No. Access must be legitimately justified. Having computer work permits does not authorize personal consultations outside their functions.

Spanish Criminal Code · art. 197, art. 198
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Acceding a history out of curiosity can be criminally relevant?

Yeah. Protected information, authorisation and specific access should be analysed. There is no need for an economic purpose.

Spanish Criminal Code · art. 197
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Can a camera hidden in a locker room violate criminal privacy?

Yeah. Clandestine recruitment in intimate spaces may include an offence, depending on the circumstances and legal requirements.

Spanish Criminal Code · art. 197
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Does being the owner of a device authorize the dissemination of all its files?

No. The ownership of the media does not remove other people's rights to intimate data, communications or images.

Spanish Criminal Code · art. 197
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Recording a conversation I participate in is always a crime?

It cannot simply be equated with intercepting another's conversation. Content, circumstances, subsequent use and rights affected should be studied.

Spanish Criminal Code · art. 197
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Can I provide private messages to the courthouse?

It may be possible if they are relevant and legitimately obtained. The defence and the judicial body must value privacy, integrity and evidentiary purpose.

Spanish Criminal Procedure Act · art. 299
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Does an alleged crime of privacy always require a complaint from the victim?

Article 201 establishes a complaint regime with exceptions. The type, the victim and the circumstances provided for by law must be checked.

Spanish Criminal Code · art. 201
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Does unlawful disclosure of private information by an official have a special treatment?

You can have it when you use powers or public status in legal cases. The rating depends on what information is revealed and how it was obtained.

Spanish Criminal Code · art. 198, art. 417
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Can professional secrecy have criminal consequences?

Yeah. The unlawful disclosure of private information known by reason of profession or occupation can integrate the assumptions of the article 199.

Spanish Criminal Code · art. 199
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Can I seek compensation for disseminating intimate information?

Yes, if there is evidence of harm caused by the crime. Dissemination, scope and harm, including morals, should be documented.

Spanish Criminal Code · art. 109, art. 110
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What should I keep if they publish my intimate images?

URL, dates, original messages and dissemination evidence, avoiding unnecessarily forwarding them. The proof must be preserved in such a way as to verify its authenticity.

Spanish Criminal Procedure Act · art. 299
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Does recovering deleted data from another computer allow you to use it?

No. Technical recovery does not substitute for consent or other empowerment. Copying or disseminating protected data may be of criminal relevance.

Spanish Criminal Code · art. 197
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Questions

Unlawful occupation and possession disputes

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Uprising and breaking and entering are the same?

No. The search protects the dwelling; the non-violent usurpation of article 245.2 refers to buildings that do not constitute it.

Spanish Criminal Code · art. 202, art. 245
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What is meant by dwelling when assessing a break-in?

Protection is related to the space where private life develops. It does not depend solely on ownership or administrative registration.

Spanish Criminal Code · art. 202
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Can a second residence be purple?

It can be if it maintains that private life function. Its actual use must be analyzed; it is not ruled out just because it is not the usual dwelling.

Spanish Criminal Code · art. 202
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Is occupying an empty building always the same crime?

No. They import their function, authorization, permanence, opposition of the holder and possible violence. The qualification requires a study of the facts.

Spanish Criminal Code · art. 245
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Can violence-free usurpation carry a fine?

Article 245.2 provides for a fine for his alleged unauthorized occupation of non-residential property, with the other legal requirements.

Spanish Criminal Code · art. 245
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What changes if violence or intimidation is used to occupy?

Article 245.1 provides for a different response and provides for penalties for violence. It must be distinguished from non-violent occupation.

Spanish Criminal Code · art. 245
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Does not paying rent automatically make the tenant a usurper?

No. A non-payment within a rental relationship does not in itself amount to an untitled entry. It is necessary to value contract, possession and avenues of claim.

Spanish Criminal Code · art. 245
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Is a conflict between co-owners always resolved by criminal means?

No. A distinction should be made between civil disagreement over the use or possession of conduct that brings together all elements of an offence.

Spanish Criminal Code · art. 245
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Can I change the lock on my own to get the house back?

Action should not be taken without analysing the situation and the appropriate procedure. It can affect the possession or abode of others and generate responsibility.

Spanish Criminal Code · art. 172, art. 202
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Can I cut supplies to get them out?

Using them as a pressure can constitute coercion according to the facts. It is necessary to use the appropriate legal means of recovery.

Spanish Criminal Code · art. 172
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Is the deed of property sufficient to prove all the criminal acts?

It credits aspects of ownership, but does not in itself demonstrate a lack of authorization, abode, authorship and other elements of the offence.

Spanish Criminal Code · art. 202, art. 245
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Can a refund measure be applied for during the investigation?

Measures of protection or restitution may be considered in the proceedings, according to their requirements. There is no automatic concession for filing a complaint.

Spanish Criminal Procedure Act · art. 13
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Are all occupancy cases resolved within a fixed time frame?

No. The procedure, the identification of occupants, the evidence and the necessary resolutions influence. An eviction with a uniform duration cannot be guaranteed.

Spanish Criminal Procedure Act · art. 13, art. 795
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Can a usurpation or break-in be processed by quick trial?

The LECrim includes these offences among the possible scenarios, but the other requirements of the procedure must also be met. It's not automatic.

Spanish Criminal Procedure Act · art. 795
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Is the initial authorization to enter relevant?

Yeah. We need to examine who authorized it, with what scope and what happened next. It is not the same to enter without consent as to discuss the completion of a title.

Spanish Criminal Code · art. 202, art. 245
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What do housing supply bills prove?

They may help to prove use and circumstances, but do not by themselves determine ownership, authorization or dwelling.

Spanish Criminal Procedure Act · art. 299
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Can damage to the property be claimed?

Yes, if you prove your reality and relationship to the facts. Restitution, reparation and other recoverable damages must be distinguished.

Spanish Criminal Code · art. 109, art. 110
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What documentation do I prepare for a conflict of possession?

Title, contract and communications, previous rulings, real use of the property and evidence of access or damage allow to decide the appropriate route.

Spanish Criminal Code · art. 202, art. 245
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Questions

Drug offences

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Is personal consumption the same as drug trafficking?

No. The offence of article 368 focuses on cultivation, processing, trafficking or favouring illegal consumption and possession for these purposes.

Spanish Criminal Code · art. 368
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Does carrying a small amount prevent any crime?

Not automatically. Purpose, presentation, context and other evidence matter. An isolated figure does not itself determine the destination for own consumption.

Spanish Criminal Code · art. 368
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Is there an amount that guarantees that there will never be a conviction?

That general guarantee cannot be offered. The substance, purity, destination and set of indications of the case should be examined.

Spanish Criminal Code · art. 368
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Can free drug sharing be criminally relevant?

Yeah. Profit motive is not a requirement for any conduct of favouring illegal consumption. Non-criminal shared consumption has case lawles limits.

Spanish Criminal Code · art. 368
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Is growing cannabis always outside the Spanish Criminal Code?

No. Purpose and circumstances must be assessed. The cultivation aimed at trafficking or favouring illegal consumption can integrate the article 368.

Spanish Criminal Code · art. 368
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Does registering an association authorize the distribution of cannabis?

No. Registration does not amount to a criminal authorization to cultivate or distribute. It examines the actual functioning and conduct performed.

Spanish Criminal Code · art. 368
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What is a mistake as to unlawfulness in a cannabis case?

It's a mistake about wrongfulness with strict requirements. Its vindictable or invincible character may affect the penalty or liability, but it is not presumed to belong to a club.

Spanish Criminal Code · art. 14
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Should the police prove that the substance is a prohibited drug?

The nature of the substance and other relevant data should be tested. Analysis and chain of custody can be discussed by defence.

Spanish Criminal Procedure Act · art. 334, art. 456
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Why does the purity of the substance matter?

It may be relevant to assess effective quantity, severity and other aspects of the offence. The analysis and its scope should be checked in the specific imputation.

Spanish Criminal Code · art. 368, art. 369
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Can messages be used to credit sales?

They can be of value if they are legally obtained and incorporated and reliably attributed. They must be assessed together with the rest of the evidence.

Spanish Criminal Procedure Act · art. 299
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Does having cash alone prove traffic?

No. It is a possible indication within the whole, but the prosecution must prove the crime and individual participation.

Spanish Criminal Procedure Act · art. 741
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Can transporting drugs to someone else be a crime?

Yes, if it constitutes a conscious intervention in traffic or favour. Knowledge and effective input should be examined.

Spanish Criminal Code · art. 28, art. 368
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Does belonging to an organization aggravate a traffic offence?

The Spanish Criminal Code regulates specific organizational assumptions. It is necessary to prove one structure and the other elements envisaged, not just several accused.

Spanish Criminal Code · art. 369 bis
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Can the penalty be reduced because of the small nature of the act?

Article 368 provides for a reduction power in certain cases, also taking into account personal circumstances and legal exclusions.

Spanish Criminal Code · art. 368
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Does drug dependence always eliminate responsibility?

No. Its relevance depends on the accredited involvement and the requirements of a waiver or mitigating circumstance; it needs individual evaluation.

Spanish Criminal Code · art. 20, art. 21
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Can following a treatment influence the suspension of prison?

Yes, there is a specific regime for certain offences linked to dependency, with requirements of punishment, certification and treatment. It doesn't operate automatically.

Spanish Criminal Code · art. 80
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Can they seize money or traffic-related instruments?

Yes, in the legal assumptions. The relationship to the offence must be justified and the guarantees of the persons concerned respected.

Spanish Criminal Code · art. 127, art. 374
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Can irregular wiretapping affect the test?

You can do it. Authorization, motivation, execution and relation to other evidence should be analysed; the effect is not decided by a generic objection.

Spanish Criminal Procedure Act · art. 588 bis a
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What documentation should be collected to prepare the defence?

Attestation, statements of intervention, analysis, provided communications and relevant clinical or economic documentation allow to review evidence, purpose and personal circumstances.

Spanish Criminal Procedure Act · art. 118
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Questions

Sexual offences

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What role does consent have in a sexual assault?

The law requires a free manifestation by acts that clearly express the will according to the circumstances. The absence of consent is central to the classification.

Spanish Criminal Code · art. 178
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Is it necessary to resist physically in order for aggression to take place?

No. The guy doesn't demand heroic resistance or injury. Consent, context and proven conduct should be examined.

Spanish Criminal Code · art. 178
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Can there be sex crime without penetration?

Yeah. Acts that violate sexual freedom without consent may be a criminal offence even if there is no penetration.

Spanish Criminal Code · art. 178
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Can a kiss be criminally relevant?

It can be if, because of its content and circumstances, it constitutes a non-consensual sexual act. Not every contact is automatically qualified.

Spanish Criminal Code · art. 178
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Does one-time consent serve for future relationships?

No. Consent must correspond to the act and its circumstances. A prior relationship does not authorize any subsequent contact.

Spanish Criminal Code · art. 178
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Does being married exclude sexual assault?

No. The link does not substitute for free consent or exclude the application of crimes against sexual freedom.

Spanish Criminal Code · art. 178
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What happens if the person is unconscious or has the will annulled?

The law includes sexual acts against persons who are deprived of meaning or who have a will annulled in the cases provided for. The specific situation must be established.

Spanish Criminal Code · art. 178
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Does alcohol use always prevent consent?

You can't answer yourself just for drinking. The real impact, will, vulnerability and circumstances of the act should be assessed.

Spanish Criminal Code · art. 178
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Do sexual offences about minors have specific rules?

Yes, Spanish Criminal Code regulates own assumptions for children under sixteen years of age and other protective behaviors. Age and circumstances must be accurately checked.

Spanish Criminal Code · art. 181
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Are there any exceptions due to proximity of age among minors?

Article 183 bis provides for an exception with requirements of proximity of age and maturity and legal exclusions. It should not be applied without a review of the case.

Spanish Criminal Code · art. 183 bis
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What is sexual harassment at work?

Article 184 provides for the request for sexual favours in certain areas which causes an objectively intimidating, hostile or humiliating situation, with aggravated modalities.

Spanish Criminal Code · art. 184
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Can I report it even if it's been a while?

It may be possible. The limitation period must be assessed according to the offence, the victim’s age and the applicable legislation; not all time limits start in the same way.

Spanish Criminal Code · art. 131, art. 132
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Is a medical part necessary to investigate?

Not as a universal condition. The investigation can use statements, messages, witnesses and other evidence; health care and documentation can be important.

Spanish Criminal Procedure Act · art. 299
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An uninjured scan shows there was no assault?

Not on its own. The absence of lesions should be assessed with the type of fact, the time and the set of tests.

Spanish Criminal Code · art. 178
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Can the victim's statement support a conviction?

It can have a value of office if it is practiced with guarantees and is valued motivated. It does not imply automatic credibility or eliminates evidentiary sufficiency control.

Spanish Criminal Procedure Act · art. 741
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Can measures be taken to avoid contact with the person under investigation?

Yes, justified protective measures, including bans on approximation or communication, may be agreed on according to the requirements and the risk assessed.

Spanish Criminal Procedure Act · art. 544 bis
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Does a acquittal necessarily prove that there was a false allegation?

No. The acquittal for doubt or lack of proof does not itself prove the requirements of a false accusation.

Spanish Criminal Code · art. 456
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Why do some old sentences speak of sexual abuse?

The legislation changed in 2022 and later had other modifications. The historical records must be read according to the law applied to their facts and the rules of favorability.

Spanish Criminal Code · art. 2, art. 178
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What evidence should I keep if I'm being investigated for a sexual offence?

Complete messages, witness data, lawful locations and relevant documents. Do not alter files or contact the protected person in breach of measures.

Spanish Criminal Procedure Act · art. 118
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Time to listen

Understanding your situation is the first step.

Consult with María Morales Elbaz, lawyer in Madrid.

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