World Factbook of Criminal Justice Systems: Spain

• NCJ Number: 169770
• Author(s): J M Canivell
• Date Published: 1997
• Length: 15 pages
• Grant Number(s): 90-BJ-CX-0002
• Sponsoring Agency: Bureau of Justice Statistics (BJS)
• Corporate Author: State University of New York at Albany
• Sale Source: State University of New York at Albany; NCJRS Photocopy Services
• Publication Type: Issue Overview
• Language: English
• Country: United States of America
• Note: US Department of Justice, Bureau of Justice Statistics, International Crime Statistics Program

Annotation

This overview of Spain's criminal justice system encompasses political and legal systems, the nature and extent of crime, victims, law enforcement, the prosecutorial and judicial process, the judicial system, penalties and sentencing, the prison system, and extradition and treaties.

Abstract

Spain has 17 regional governments and a central government, and legal procedures are based on the European system. A distinction is made between serious and less serious offenses. Serious indictable offenses include offenses against state security, forgery, offenses against the administration of justice, offenses against sanitation and health, behavior causing risk but not actual damage, offenses by public officers, offenses against individuals, sex offenses, offenses against reputation, offenses against freedom and personal security, and property offenses. The age of criminal responsibility is 16 years. Crime statistics for 1991 indicate 861 murders, 982 simple homicides, 1,902 forcible rapes, 142,880 serious property crimes, and 28,582 drug law offenses were recorded. Of persons interviewed in a 1989 survey, 36.2 percent had their car radio stolen, 7.6 percent had their car stolen, 23.5 percent were victims of vandalism, 5.7 percent were victims of burglary, and 9 percent were victims of serious property offenses. Victim assistance programs exist in Spain, and the principal role of victims in prosecution is to testify and help identify presumed offenders. The police force is centralized, except for regional police in certain areas. Police officers are authorized to use force, stop and apprehend suspects, and conduct searches and seizures. The prosecutorial and judicial process is concerned with rights of the accused and procedures for bringing suspects to trial. The judicial system is comprised of lay justices of the peace, magistrate penal courts, provincial penal chambers, juvenile courts, and family courts. Sentencing decisions are made exclusively by judges, and possible penalties include prison, exile, suspension of public office and voting rights, driving permit revocation, and fines. In 1993, Spain had 83 prisons and a bed capacity of 30,862. The average daily number of prisoners totaled 33,537 in 1990. Most European countries that have an extradition treaty with Spain are included in the European Council Extradition Treaty of 1983. Bilateral extradition treaties also exist between Spain and several Latin American, Asian, and African countries. 8 references