Directive 2012/29/UE of the European Union is a very ambitious law project, with the aim of setting a minimum standard of rights for the victims of crimes in the European Union. The diversity of legal systems in the EU makes this project very challenging.
Corporate crime (delito societario) is a specific type of crime under the larger heading of property crimes and crimes against socio-economic order (delitos contra el patrimonio y contra el orden socioeconómico). According to the Spanish Criminal Code, Corporate Crimes are crimes related to associations, financial entities, foundations or businesses that in order to reach their objectives are permanently trading on stock markets.
These offenses are found in sections 298 to 304 of the Criminal Act (L.O 10/1995, modified by L.O 5/2011). They are often inter-linked; but there are several important differences on how these are prosecuted and punished.
On the 23rd December 2010 the new reformed Penal code will come into force. This is one of the major law updates since 2003. The new modifications are designed to provide new devices for fighting town planning and organised crime and for the Spanish legal system to adjust to other legal systems within the EU. 150 law articles are being updated, both in term of types of crimes and types of sanctions.
It is illegal to distribute any drugs and the penalty is higher if the drugs have been tampered with or where they can endanger life or the health of people. Manufacturing, growing or dealing with drugs can carry long prison sentences and these will be increased if there is a significant amount of the drug. Aggravating circumstances will also increase the prison term and/or the fine, and these circumstances are for example by providing drugs to children under 18, using under 16 year-olds to commit the crime, when the amount of drugs is remarkably large or when the drugs are adulterated in any way to make them more harmful.
The day-to-day experience of many trial courts shows that a large number of matters where apparent criminal behaviour could be subject to a relatively simple enquiry, and when this happens there are trials which aim to speed up the process. These are called Juicio Rapido or Fast-Track Trials.
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