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Criminal Law Lawyers in Barcelona

Vosseler Lawyers, lawyers specialized in Criminal Law.

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Objectively, this branch of law can be defined as the body of legal norms that regulate the State's legitimate power to punish , associating each type of act—determined by law as a prerequisite—with a penalty as a consequence, in order to safeguard the fundamental vital assets of both the individual and society. On the other hand, there is a more subjective conception that understands criminal law as the State's power to define crimes and determine, impose, and execute the punishments it deems appropriate. Perhaps both perspectives are insufficient to clarify the nature of this subject, so a definition that draws from both is often offered: criminal law encompasses "the body of positive legal norms, regulating the State's punitive power, which define certain prerequisites as crimes or dangerous states, and to which they assign certain legal consequences called penalties or security measures" (Cobo del Rosal/Vives Antón).

Recognitions

The Servei Català de Trànsit of the Generalitat has awarded one of its 2015 Road Safety awards to lawyer Daniel Vosseler for his long professional career in this matter.

Barcelona road safety award

Criminal Law

In any case, there is no doubt that in our society we are exposed to situations that can have criminal consequences of a very diverse nature and severity. Whether someone is a victim or the perpetrator of such situations, the intervention of a lawyer is essential, whether to defend the interests of the accused or those of the injured party. This ensures the right to effective judicial protection , a principle enshrined in Article 24 of the Spanish Constitution . Vosseler Abogados is privileged to have expert criminal lawyers capable of providing any defense with the utmost guarantees.

Areas of Expertise
  • Injuries
  • Prison law
  • Alcoholemia
  • Economic criminal law
  • Crimes against property
  • Crimes against honor
  • Crimes against people
  • Crimes against industrial property
  • minor crimes
  • Assistance to detainees
  • Quick trials
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FAQ

Below you can read the most frequently asked questions about Criminal Law.

What is Criminal Law?

Criminal law is a branch of public law. This branch of law establishes and regulates the punishments imposed for criminal conduct. These punishments are determined through the imposition of penalties.

Some of the penalties that can be imposed for a crime are imprisonment, fines, or penalties that deprive one of certain rights.

All behaviors considered criminal under criminal law are listed in the Penal Code. This document also outlines the penalties prescribed for each offense.

What is probation?

Parole is the final stage in serving a sentence. It is also known as the fourth stage.

In this phase of the sentence, the convicted person is allowed to serve the remainder of their sentence in freedom, with a series of restrictions. Depending on the case, a series of behavioral requirements may be imposed as a condition of freedom.

Furthermore, the convicted person must not commit any crime during his probation, otherwise he will have to return to prison.

In any case, for a convicted person to be granted parole, it is not enough for them to simply meet a series of requirements. An assessment by the Treatment Board will be necessary to determine whether they will be granted this freedom.

What consequences do criminal records have?

A concern of many people who have gone through a criminal process is the fact of having a criminal record and what the consequences are, both in the criminal and personal spheres.

Having a criminal record has a number of consequences that can affect areas of life such as employment.

For example, when a person takes an exam and passes it, or intends to work in a public office, their file is requested to find out their criminal record.

On the other hand, in the criminal field, when someone has a criminal record, the consequences can be very diverse. But they affect negatively, from the moment of the investigation phase until the trial.

In penitentiary law, what are degrees?

Depending on the type of crime committed and the sentence imposed on the convicted person, as well as their dangerousness, there are three levels of confinement.

As we saw before, the fourth degree is probation. But during the period that the convicted person is hospitalized, they can be found in three different degrees, depending on their context.

Each of the levels has a series of different measures, with the first level being the most restrictive of them.

The degrees affect aspects such as the visiting regime, the situation inside the prison or the freedom that the prisoner has.

For all this, when a convicted person is admitted to a penitentiary center, it is very important that they know what the conditions are to reach the third degree. In this, the prisoner will be able to live in a regime of semi-freedom.

How do I know if I need a criminal lawyer?

When a person is detained, they have the right to appoint, or have ex officio assigned, a lawyer to defend them. Therefore, if at any time you are detained, or someone close to you has been detained, it is best to find a trusted criminal lawyer to assist.

At Vosseler we are lawyers specializing in criminal law and we are at your disposal if, at any time, you require our services.

Throughout the judicial procedure, the presence of the lawyer is mandatory and, during this process, the lawyer will also represent the person under investigation.

In the case of trials for minor crimes, the presence of a lawyer is not always mandatory. However, it is highly recommended to have him present to serve as a guide and representative throughout the entire process.

If I have filed a complaint and withdraw it, is the procedure completed?

Not always. If you have filed a complaint for defamation or slander, withdrawing the complaint will close the case and therefore the investigation and legal proceedings will not continue.

However, if you have reported any other crime, the proceedings will not be closed, as it is considered a public offense. In that case, the complaint will not be closed until the Prosecutor has carried out all the necessary investigations to clarify the facts.

My son is a minor, what penalties can be imposed for a crime?

When legal proceedings are initiated against a minor who has committed a crime, a sentence is not imposed as punishment for that crime. Because they are a minor, security measures are imposed.

Depending on their age, and the personal, family and social circumstances surrounding the minor, and taking into account their personality; We always seek to impose the measures that are most convenient for his education.

If a family member has been detained, how can I contact them?

It is not possible to communicate with a person who is detained, accused of a crime.

Once the accused has given a statement, the only person who can communicate with him is his lawyer.

How long does it take until a detainee is released?

When releasing a detainee, it is necessary that he or she have first given a statement before a judge.

When someone is arrested, the police have a maximum of 72 hours to release them. However, the police must bring the detainee before a judge as soon as possible.

Whether the detainee will be released after testifying before the judge, or whether preventive detention is determined, depends largely on the seriousness of the crime.

In crimes that are punishable by more than three years in prison and are therefore considered serious, the judge must determine the risk of flight of the accused.

If this risk is very high, taking into account the personal circumstances of the detainee, the judge may order preventive detention, instead of release.

The judge has ordered the provisional detention of a family member, what do I do?

If a family member is in pretrial detention, you can contact their lawyer. They will inform you about the reasons for their imprisonment.

The lawyer can also tell you what possible remedies are available in that particular case.

Can I visit a family member who is in prison?

Your family member's lawyer can tell you the conditions in which he or she is in prison. To visit your family member in the penitentiary center, you will have to take into account the visiting regime of the center in which she is located.

Prisoners are allowed one visit per week, and to visit, you must be an authorized visitor. If you wish to visit a prisoner, speak with their lawyer to become an authorized visitor.

Do I have to accept the lawyer who has been appointed to me ex officio?

No. Everyone has the right to freely choose their lawyer in legal proceedings. Therefore, it's important to have your trusted lawyer's phone number.

You can find our phone number to contact our criminal defense lawyers in the contact section of our website.

I want to file a complaint, where should I go?

When you have been a victim or witness of a crime and want to file a complaint, you have two options. The first is to go to the police or the Civil Guard and file a verbal complaint.

The second option is to go to the local Magistrate's Court where you live and file a written complaint.

I have to go twice a month to sign at the Court, is it possible to eliminate this obligation?

The obligation that some defendants have to appear twice a month and sign in Court is called “apud acta.”

This is a precautionary measure that is usually taken to guarantee that the accused will appear once the process begins.

However, the fact that this obligation has been imposed on you does not mean it cannot be lifted. To do so, you need the help of a criminal lawyer, who can file the request to revoke the obligation.

The lawyer will be responsible for submitting a request to the Court stating the reasons why it is not necessary to maintain this precautionary measure in your case.

What are the types of appeals that exist against sentences?

It all depends on the type of sentence in question. In the case of sentences handed down by the Court of First Instance or the Criminal Court, it is necessary to file an appeal with the Provincial Court.

If it is a judgment issued by the Provincial Court in the first instance, the appeal will have to be directed to the Supreme Court.

In any case, it is advisable to have the help of a lawyer specializing in Criminal Law, to assist you throughout the entire procedure.

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