Legal System of Spain
A'Maya Arrindell
HON360- AL ANDALUS SPAIN
Thank You!
Legal System in Spain
- Spain is a parliamentary monarchy
- Spanish Constitution of 1978 is the supreme law
- Felipe VI is the head of state
- Legislative, executive, & Judiciary branch
Roman Law
- The law of ancient Rome from 753 BCE until fall of western empire 5th century CE
- Forms basis for the law codes of most countries in Europe
- Checks & balances, vetoes, separation of powers, term limits, and regular elections
Constitution of Spain
- Article 17 prohibits arbitrary arrest and imprisonment
- 1. Every person has a right to freedom and security
- 2. Preventive detention may last no longer than the time required for investigations
- 3. Any person arrested must be informed on the reasoning
- 4. A habeas corpus procedure shall be set by law
Crime rates in Spain
https://www.numbeo.com/crime/country_result.jsp?country=Spain
Spanish National Court
- Composed of a president who oversees entire court and judges assigned to the divisions
- Regulates social crimes: Terrorism, Organized crime, drug trafficking, crime against the crown or financial crimes
Spanish National Court
The Supreme Court
- Sole Judiciary body in Spain
- Highest court in all legal fields
- Responsible for the unity and interpretation of jurisprudence
- Composition: Chief Justice
5 chairmen
5 judges
Overview of the Criminal Justice System
- 2 units at regional and local level
- Civil Guard, military force, and national police
- Police forces are given functions of protection and maintenance of public order
Overview of Criminal Justice System
References
References
Tapia, Antonio and Campo Amalia (2018).
Legal Systems in Spain: overview
https://uk.practicallaw.thomsonreuters.com/7-634-0207?transitionType=Default&contextData=(sc.Default)&firstPage=true
Rheinstein, Max
Roman Law https://www.britannica.com/topic/Roman-law/The-law-of-Justinian#ref41323
The Spain Constitution of 1978
https://www.boe.es/legislacion/documentos/ConstitucionINGLES.pdf
The Center for Justice and Accountability
The Spanish National Court https://cja.org/what-we-do/litigation/legal-strategy/the-spanish-national-court/
European Law Institute
Tribunal Supremo https://www.europeanlawinstitute.eu/membership/institutional-members/supreme-court-of-spain/