Spain statute of limitation criminal cases

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24 Dec 2015 13:30 by johnzx Star rating in Spain. 5247 posts Send private message

I did a search to see if I could discover if or what are the time limitations for taking criminal action in Spain. I was specifically trying to find what it would be in the case of a driver failing a blood / alcohol test. I had asked this morning at the National Police but although I asked several officers from cabo (basic officer)  to Ch Inspector, no one knew.

I have just searched on Google for “Spain statute of limitation criminal cases”.  That produced a document which was too long for me to view it all.   I think the part I wanted, DUI,  was beyond the part I could view. However, it would seem that even for the very least serious the limitation maybe 12 months.

Therefore, if you are under threat of being prosecuted in Spain it would seem you might have to wait several years to be sure nothing will happen. 

Of course if it can be proved that a notification was sent to the address the authorities had for you, even if you did not actually receive it, that may mean, as with  demands for payment of IBI, tax, etc., that the process has begun, thus like the payment demands which would normally not be enforceable after 4 clear years,   I believe there would be no time limit.

 


 


This message was last edited by johnzx on 25/12/2015.



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26 Dec 2015 19:42 by acer Star rating. 1415 posts Send private message

John, I think you'll find there is a time limit otherwise this would conflict with EU Law. 

In the UK it is 6 months for a DUI and I would expect it to be the same.

Perhaps Maria might clarify please?



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27 Dec 2015 08:40 by johnzx Star rating in Spain. 5247 posts Send private message

 Acer,  I said,  “It would seem that even for the very least serious the limitation maybe 12 months.”

In UK,   Crown courts do not I believe have any time limitations on when prosecution may be brought,   that is unless the EU has sneaked something in. 

In cases that can be tried only at Magistrates courts, the papers must be laid before the court within 6 months of the crime coming to attention.

But maybe what happens in UK  is something for another forum, or at least another thread.





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27 Dec 2015 15:52 by acer Star rating. 1415 posts Send private message

John, you're probably right, we should keep the UK out of it - there they tend to be slightly more knowledgable about time limitations on prosecutionwink



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