Una policía se prepara para entrar y registrar un domicilio

Entry and search: can the police enter my home?

An entry and search is an investigative measure limiting fundamental rights that may be carried out within the framework of a criminal proceeding. The Spanish Constitution recognizes the special protection that the home deserves, as it is the place where the most intimate and private life of individuals takes place. Thus, Article 18 of the Constitution establishes the inviolability of the home and the constitutional protection it deserves, indicating that no entry may be made without the consent of the…

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Persona siendo detenida por la policía

Do you know what to do if you are stopped? Know your rights

When a person is detained by the police for allegedly participating in criminal acts, he or she has several rights under the Spanish Constitution and other laws. Article 17 of the Constitution guarantees that no one may be deprived of his liberty, if it is not in accordance with what the Law establishes. It also recognizes the right of any detained person to initiate the "habeas corpus" procedure in the event that he/she considers that his/her detention is not in…

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Una persona es juzgada por un delito leve

What are misdemeanors and how are they prosecuted?

The misdemeanor procedure is a special criminal procedure through which misdemeanors are prosecuted. Misdemeanors are considered minor offenses when the Penal Code punishes them with a fine of up to 3 months, permanent localization of up to 3 months, community service of up to 31 days, prohibition of communication or proximity to the victim of less than 6 months, or other minor penalties. In case of committing a crime that is punishable by any of these penalties, its…

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