As soon as you are summoned as suspect by a criminal court, you should contact a lawyer. The Spanish law says that, after being summoned, the lawyer will ask for your criminal file and prepare, together with you, the proceedings. The lawyer will also decide whether witnesses should be summoned to testify in your favour. During the proceedings, such lawyer will act as your defence counsel and will answer the prosecutor's accusation on your behalf.
Depending on the seriousness of the case, the competent court will be an investigation court (dealing with the less serious and simpler cases) or a Tribunal made up of three judges (for more complex and serious cases).
Imprisonment is implemented and supervised by special courts called Prison Surveillance Courts (Juzgados de Vigilancia Penitenciaria, in Spanish). These courts protect the rights of prisoners and decide on releases (parole), among other things.
The Spanish prison system consists of different confinement regimes:
Standard Regime: ruled by principles of security, order and discipline. Prisoners follow a strict programme that provides for an 8 hour night rest and includes work, as well as cultural and therapeutical activities. Under certain circumstances, leave permits may be granted; Closed Regime: applied to dangerous or "maladjusted" prisoners. Under this regime, prisoners have less contact among themselves and with the outside world and may only be granted leave permits under extraordinary circumstances; Open Regime: the prisoner spends part of his/her time outside the prison. Several control measures are taken to supervise prisoners.
To be covered by one regime or the other, several things are taken into account, such as the personality of the prisoner, his or her social circumstances, the length of the conviction and his or her prospects of social rehabilitation.
Our lawyers frequently assist Dutch citizens that, for one reason or another, spend some time in Spanish prisons. At least their lawyer, who is familiarised with the Spanish Criminal Law, speaks their same language.
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07 - 01 - 2011Nog negen jaar te gaan in Spaanse cel |