Our team of professionals offers you the possibility of working in depth to carry out a good defense of your rights when you are a complainant or reported for a crime or misdemeanor, for which We will work until we achieve a good legal strategy that we will put into practice at the trial.
When you want to report a fact or have been reported, you must be clear about the criminal offense being charged and, accordingly, the penalty with which it is punished and the procedure by which it will be processed. Until now our Penal Code differentiated between crimes and misdemeanors, based on the seriousness of the acts that are punished, with crimes being punished with custodial sentences, and misdemeanors punished with lighter penalties, such as fines, location, restraining order. …
Furthermore, among these figures there are very different particulars depending on whether we are dealing with a misdemeanor or crime, not only in terms of the penalty but also in terms of the procedure, Court competent to hear, the phases of the procedure, the need to appear with a Lawyer and Attorney...
Although the trial of misdemeanors was a much simpler and simplified procedure than in the prosecution of crimes, due to the absence of an investigation phase (a phase that is foreseen for the prosecution of crimes) since the Judge directly summons the complainant and reported for prosecution, today things have changed. On July 1, 2015, the reform of the Penal Code implemented by Organic Law 1/2015 of March 30 came into force, and among this the most notable is the disappearance of misdemeanors.
Some actions that until now were classified as misdemeanors disappear and become crimes (those more serious behaviors that were classified as misdemeanors, for example, serious breaches of family obligations, or serious cases of abandonment of minors); others will be referred to administrative channels (especially the behaviors included until now in offenses against public order) and others will become minor crimes.
Thus, they become minor crimes:
-Lack of respect and consideration for authority in the exercise of their functions.
-Abuse and abandonment of animals.
-Theft and Damage less than €400.
-Crime of minor injuries or abuse at work (except in cases of gender or domestic violence in article 153 CP). Articles 147. 2 and 3 CP.
-Minor threats (except with respect to the people listed in article 173.2 CP)
-Mild coercion (except in cases of domestic violence or gender violence)
-Minor insults or humiliations (except with respect to the people listed in article 173.2 CP), will be decriminalized, and actions may be taken through civil means (civil liability).
Minor crimes will be substantiated in accordance with the procedure provided for in Book VI of the Criminal Procedure Law called “Trial on minor crimes” (it is the previous trial of misdemeanors with modifications to adapt it to the new criminal category.
One of the new things that has been established with this reform is that The convictions derived from the commission of this type of minor crimes do generate a criminal record., which did not occur in the previous law.
Another important novelty is that the penalties for theft, robbery and fraud are aggravated, so that habitual criminals can now be sentenced as perpetrators of an aggravated type punishable by sentences of one to three years in prison.
In addition, new measures are adopted, such as increasing penalties for murder and manslaughter, new crimes against freedom, sexual freedom and privacy are defined, greater protection is given to intellectual property and in general major modifications that our specialists in criminal law they are working and delving deeper to adapt to the modifications that will have to be taken into account in each case.
