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Procedural law reform for the implantation of the new Judicial Office

Today, Wednesday, was published in the BOE Law 13/2009 of 3 November on the reform of procedural law for the implementation of the new Judicial Office. It has also been published LO 1 / 2009 , 3 November, amending the LOPJ correspondingly.

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CGPJ Report on the draft reform in the criminal enforcement

The General Council of the Judiciary has prepared a report on the Draft Decree amending the Decree 515/2005 of 6 May, laying down the circumstances of execution of sentences of work the benefit of the community and permanent location of certain security measures and the suspension of the ejercución of custodial sentences. Link text of the report.

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Constitutional Court Statistics for 2008 STC

The Constitutional Court publishes statistics for 2008.

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annulling a decision that imposed a more severe penalty had been applied by the prosecution

In Case June 25, 2009, the Constitutional Court has overturned a ruling that imposed a more severe penalty from that requested by the prosecution, although legally provided. demand submitted under the times alleged in clear breach of the principle accusatory, as the public prosecutor filed charges of theft by a lack of art. 623.1 CP and requested a sentence of forty-five-day fine with a daily fee of 6 €, while those that the appellant was initially sentenced to a term of twelve days of permanent location, the Provincial Court later reduced to eight days that is, imposed a sentence of a different nature to only charge requested by the acting, and that violates the upper limits concerned by it.

otrosí devoted demand to justify the special constitutional significance appeal, stating that is that the Constitutional Court is set doctrine on the following: a) If the imposition conviction of a different nature to the only charge interest on acting, even though the literal result of the offense involves injury to the right to an effective remedy for violation of the adversarial principle and b) If the imposition of a sentence above the legal minimum in case of lack of motivation of the reasons for the punitive individualization involves the violation of the right to effective judicial protection due to lack of motivation.

The prosecution claims processing evacuated given by registered letter dated June 10, 2009, which in essence is summarized below:
Regarding the first ground of defense, that is, if constitutionally permissible the court's imposition of a penalty judgmental different and more serious nature that the person concerned by the prosecution, only the prosecution, the Prosecutor before the Constitutional Court reproduces the doctrine of SSTC 230/1997, of 16 December, 33/2003 of 13 February, and 183/2005, of 4 July on the adversarial principle and its application to view faults and concerns then the agreement which the Criminal Division of the Supreme Court adopted in plenary court not to unify criteria on December 20, 2006, under which "The Tribunal sentencing no penalty be imposed than the most serious of the specifically requested by the accusations, regardless of the type of procedure is conducted on the cause. " Reminiscent Agreement has been further developed in numerous judgments (SSTS 609/2007 of 10 July, 1319/2007, 12 January; 423/2008 of 27 June, 928/2008, 3 December).
In this case the court will replace a penalty sought by the prosecution which is a fine-arrest of forty-five days and daily rate of 6 € (art. 50.1 CP) -, by a custodial sentence, as the permanent location (arts. 35 and 37 CP) and, therefore, more serious and distressing power of immediate and far away from any personal liability under alternative non-payment of a fine (art. 53 CP), which could lead to imprisonment.
are three circumstances that highlights the prosecution: a) firstly, that the court move beyond their duty of neutrality with respect to the charge, takes a different and more severe punitive had not been discussed, without raising, However, such a possibility in a similar manner to that provided in Art. 733 LEC, which violates the principle of fairness, also framed in the right to a trial with all guarantees, to the extent that the court can not be a prosecution, assuming the role of a party. Replaced and the prosecution, incorporating a substantial variation in the legal, gathering not only the title of a plea but the specific punitive b) secondly, that even on appeal is filed charges under the terms of the Judgement of the Court of Investigation, a circumstance that has occurred could not heal, however, the offense in the first instance, and c) thirdly, that although in this case the appellant was not present at the trial of misdemeanors, the modus operandi of the judiciary in fact been eliminated, not only that the defendant had full knowledge of all aspects of the claim-accusation, the prosecution, which includes both the title of the specific complaint as punitive, but also the possibility of the parties to provide information in support of their claims (Article 969.1 LEC), failure to appear imprisonment on the request of the prosecution, but only in the Judgement, resulting in the unexpected sentence and whose reasons and specific sentence would have had only a knowledge After the act of the trial.
The foregoing are subject to qualification by the prosecution, considering in any case must respect the principle of legality in those cases where the imposition of a sentence is necessarily linked to the type of crime on the indictment because the process has a substantive criminal groups (STC 174/2003 of 29 September).
The prosecution concluded its analysis under the first ground of understanding that has been violated accusatory principle in connection with the right to a fair trial and the right of defense, as part of the right to a trial with all guarantees (art. 24.2 CE).

In its legal basis, the TC said that the question of limits constitutional judicial power to impose penalties or, in other words, the scope of the requirement of correlation between the prosecution and the failure point concerning the penalty to be imposed has already been addressed by the Constitutional Court on previous occasions, having developed in this respect, as we shall find, a constitutional doctrine that set out uniformly most judgments concerning the matter, but that is not free, however, inflections in some other decisions, at least in statement and development, giving rise to exposure of the doctrine is not always clear enough that, as susceptible, therefore, to cause confusion, it requires some precision or clarification.
precisely the reason for the remedy of certiorari under the Full Court in accordance with the provisions of ss. 10.1 n) and 13 OLCC has lived in the desirability of clarifying and shaping constitutional doctrine on such a complex issue, clearing any doubts that might give rise to and reflecting back on it, the discussion also within the Court itself has past resulted in conflicting positions among its members (in this sense, SSTC 59/2000 of 2 March, 75/2000 of 27 March, 76/2000 of 27 March; 92/2000 10 April; 122/2000 of 16 May, 139/2000, 29 May; 228/2002 of 9 December; 174/2003 of 29 September; 163/2004 of 4 October).

The Plenum of the Court reminded, once again, in STC 123/2005 of 12 May, reiterating previous constitutional doctrine, that even if the adversarial principle is not expressly mentioned among the constitutional rights that regulate the criminal , it is true nonetheless not as protected in the art. 24.2 CE certain fundamental rights which form the structural elements of that principle which transcends the right to be informed of the charge and includes a bundle of additional collateral. In this sense, highlighted both the principle of adversarial relationship with the constitutional rights of defense and the prosecution and to meet the constitutional guarantee of judicial impartiality (LC 3 and cited constitutional doctrine).
Descending from the general to the particular as regards, in particular, the foundation of the duty of consistency between the prosecution and failure, which is one of the manifestations of the adversarial principle contained in the right to a trial with all guarantees , in that Judgement we put it in direct relation, mainly with the rights to counsel and be informed of the charge, because if the judge had exceeded the verdict, enjoying a few facts or different legal classification to the alleged by the allegations, it would deprive the defense of the necessary contradiction. But we stressed that this duty of consistency is grounded in the right to a trial with all guarantees, to the effect that criminal prosecution is to be developed with respect to the delineation of roles between the prosecution and the trial court because, ultimately, a judicial ruling beyond the specific punitive charges that the court is to invade and take powers constitutionally reserved to the charges, since it would be condemned regardless of the request by the legitimate to define the punitive, leading to a loss of its position of impartiality and the injury of the right to a trial with all guarantees (STC 123/2005 of May 12, FJ 4; settled doctrine, among others, in the SSTC 247/2005, on October 10, FJ 2; 170/2006 of 5 June, FJ 2).
As we stated in that STC 123/2005 of 12 May, "the link between the punitive charging parties and the ruling of the court ruling, as the content itself of the adversarial principle implies that the trial court must issue a resolution consistent with that claim, which responds to the need not only ensure the possibility of contradiction and defense but also to observe the distribution of responsibilities among different participants in criminal proceedings, and, more specifically, from the trial court and the prosecution, under the terms stated in the arts. 117 and 124 CE. Thus, the analysis of respect for the duty to guarantee consistency between the prosecution and ruling by a court decision should come as not only the finding that the offender has had the opportunity to discuss elements of the charge contradictory, but also by the finding that the trial court has not compromised his impartiality by assuming functions that constitutionally accusatory do not belong "(FJ 4).
On the other hand, in the scope of the duty of consistency regarding punitive, it is well settled constitutional doctrine that the judge is under the Constitution in his speech to a double conditioning, factual and legal. Factual conditioning is constituted by the facts that have been subject to indictment, so that no fact or event has not been delimited by the prosecution as an object for the exercise of punitive may be used to be subsumed as a constituent element of the criminal responsibility. The court ultimately may not include in the narrative of events proven facts that substantially vary the charge, or conduct, consequently, the subsumption with them. Legal conditioning is constituted, in turn, by the characterization of those facts made the accusation. However, attending to their own powers of delivery of the Judicial office which has criminal law, public policy issues involved in the exercise of the right to punish , the judge may sentence for a crime other than that requested by the prosecution where consistent with it and does not involve a penalty of higher gravity, so that the subject of the sentence the prosecution can not go so far as to prevent the body modify judicial qualification of the facts of the case in the area of \u200b\u200bthe elements that have been or have been the subject of adversarial debate (SSTC 4 / 2002 of January 14, FJ 3; 228/2002 of 9 December, FJ 5 ; 75/2003 of 23 April, FJ 5; 123/2005 of May 12, LC 5; 247/2005, of October 10, FJ 2; 73/2007 of April 16, FJ 3).
as it pertains to the scope of the duty of consistency between the prosecution and adjudication in particular as regards the possible penalty to be imposed, that is the question raised in this petition for relief, as we had occasion to anticipate, it seen in the decisions of this Court have addressed the matter on which a doctrine should return.
This Court has held generally that the relationship of the judiciary to the adversarial principle, but prevents the imposition of a greater or more severe than for the crime actually charged in the process, does not, however, that the Judge impose a penalty greater than that applied by the accusations, if not alter the facts alleged in the process, and is carried out within the range of punishment for the offense resulting from classification of the facts contained in the indictment and discussed in the process because the judge is bound by law and must therefore apply the penalties, in its view, proceedings in respect of a particular crime (SSTC 17/1988, of February 16, LC 6; 21/1993 of January 18, FJ 2; 161/1994 of 23 May, FJ 2; 43/1997 of 10 March, LC 3 ; 228/2002 of 9 December, FJ 6; 174/2003 of 29 September, FJ 9; 163/2004 of 4 October, FJ 4; 71/2005 of April 4, FJ 7; 347 / 2006, dated December 11, FJ 3; AATC 377/1987 of 25 March; 321/1992 of 26 October; 327/1993 of 28 October; 202/1998 of 29 September, 310 / 2003, September 29; 353/2003 of 6 November, 369/2006, 23 October). Thus, under this constitutional doctrine, the linkage of the judge to the facts and legal classification does not preclude may impose penalties greater than those applied by the allegations within the limits prescribed by law the indicted offense, provided that the classification as such facts, and facts themselves have been subject for debate. However
other judgments concerning the matter, but not its ratio decidendi, the Court has held that "[I] n any case, as absolute limit at the time of sentencing, the judge is forbidden to qualify him the facts so as to integrate a more severely punishable if this deterioration was not sustained in court by the prosecution, or impose a penalty greater than that corresponding to the claim accusatory stated in the final conclusions, since it is a claim which could not defend the accused "(STC 75/2003 of 23 April, FJ 5; doctrine was reiterated in the STC 347/2006 of 11 December, FJ 3, and the ATC 426/2005, 12 December). It seems as open to these other resolutions, but in a purely doctrinal level, the acceptance of a more restrictive limit to the imposition of penalties in relation to those called for by the allegations.
Well, it is desirable to clarify and refine the constitutional doctrine which has recorded, related to the scope of the duty of consistency between the prosecution and adjudication in particular regarding the possible sentence to impose.
With a constitutional perspective it is proper that we should rethink the issue and go one step further in protecting the rights of defense of the accused and the preservation of the guarantee of judicial impartiality within the criminal process in the sense estimate that the charges requested by the imposition of a sentence within the legal framework provided for the offense formally charged, the court, as required by the said rights and constitutional guarantees, in which is the basis, inter alia, the duty of congruence between the prosecution and failure as a manifestation of the principle of accusation can not impose punishment in excess, because of their seriousness, nature or amount of the requested by the accusations, regardless of the type of procedure on the substance of the cause, but the punishment in question did not violate the margins provided for by law for the crime that results from the finding of made in the indictment and discussed in the process.
Thus, on the one hand, they reinforce and ensure its proper constitutional dimension defending the rights of the accused. Indeed, the specific penalty requested by the prosecution for the crime is formally charged, as well, at least, that the story factual and legal classification to which it is based, no doubt an element essential nuclear claim punitive factor, as such, the procedural approach and the possible line of defense of the accused. Obviously this has to INFORMED, ex art. 24.2 CE, not only the facts alleged by the prosecution and its legal qualification, but also the actual specific penological consequences that it intends for the commission of such acts, that is, the penalty, the imposition upon request. The defendant exercised a constitutional right to defense on the specific penalty requested by the prosecution for the charges and the legal status they deserve it, and not on another punitive different, without in any way predict will be required and defend against hypothetical and future penalties could decide the court, and in excess of its severity, nature or amount from those requested by the prosecution. In other words, the dialectical confrontation between the parties in the process and the consequent possibility of contradiction against the opponent's arguments revolve exclusively, in what is now interested about the accusation made against the accused specifically, both as to refers to the facts of the punitive and its legal qualification, as the specific penological consequences, against which it exercises its constitutional right to defense. Thus, it outlawed the constitutional status of helplessness, of breakdown of the adversarial principle, would suffer the prisoner to whom it was imposed a penalty that exceeded in severity, nature or amount of the requested by the prosecution.
Moreover, the scope of the duty of consistency between the prosecution and the decision regarding the penalty to be imposed by the court in the terms defined in this legal basis is better covered up, while also strengthening its proper constitutional dimension, with the guarantee of judicial impartiality within the criminal process, which, as already noted, is one of the foundations of that duty requirement of consistency as a manifestation the adversarial principle. Certainly that guarantee is better protected if the court does not take the initiative of ex officio impose a sentence that exceeds in severity, nature or amount of the requested by the prosecution, assuming a role not very typical of a system configured according with the adversarial principle, as reported by the plenary stage in criminal proceedings. In this sense it is idle in any way to add that, as pointed out in the STC 123/2005 of 12 May, "since the earliest recognition of the constitutional dimension of certain guarantees related to the adversarial principle in the jurisprudence of this Court has affected both their connection with the rights of defense and the prosecution know ... like the need to separate the role of judge to accuse, to achieve greater independence and balance of the court and avoid acting as a party to the adversary proceedings against the accused, when it should be an impartial body that has to be above party accusations and imputations "(FJ 4). The imposition ex officio by the court to sentence in excess of that requested by the accusation is perhaps less harmonized with the constitutional guarantee of judicial impartiality in criminal indictments to assume functions that the Constitution does not apply.
This constitutional doctrine, the terms in which it has been exposed, profiled on the duty of correlation, as a manifestation of the adversarial principle, between the prosecution and the failure point concerning the penalty to be imposed, coincides substantially, as the prosecution puts reflected in its allegations, with the approach currently maintains about the Division of Criminal Justice.
The application of that constitutional doctrine must lead to the estimation of the first of the complaints of the appellants.
In this case, the story has remained unchanged factual and legal analysis of the material to the applicant filing the alleged failure of the requirement correlation between the prosecution and conviction in the penalty ultimately imposed. In effect, the public prosecutor, the only allegation in the cause, called the facts alleged against the appellant as constituting a lack of theft, and punishable under the art. CP 623.1, asking that the sentence imposed on him forty-five-day fine with a daily fee of 6 €. The magistrate remained unchanged the factual narrative in which the prosecution rested, and complied with the legal status it had made of the facts, but imposed on the applicant, rather than the fines interested in the Prosecutor, the permanent location at home for a period of twelve days, that the Provincial Court eventually reduced to eight days.
The permanent location of four to twelve days and a fine of one to two months are provided as alternative sentences for non-theft criminalized in the art. 623.1 CP. Both the permanent location penalty fine of ten days to two months are classified as minor penalties in the art. 33 CP. However, the permanent location is configured as one of the imprisonment (art. 35 CP), whose implementation requires the convicted person to remain at home or in a specific place set by the judge in sentencing, resulting in its failure to that the sentencing judge or the Court makes it clear testimony to the sentencing proceeding for breach (art. 37 CP). For its part, the penalty is fine the offender in imposing a financial penalty only if not paid voluntarily or by means of constraint can lead to personal liability subsidiary of one day of imprisonment for each two quotas are not met in the case of faults can be met by the permanent location, without the limit of the twelve days provided for in art. CP 37.1 as maximum punishment of permanent location. The appellant in defense and the prosecution in both the courts and in the process after the defense, considered different in nature and higher or more serious and distressing to the penalty of permanent location of eight days at his home on the applicant in the judgments under appeal, because it is a custodial sentence, the penalty of forty-five days with daily quota € 6 requested by the prosecution in the event of trial. Beyond these subjective judgments, with the constitutional perspective is our own permanent location penalty so aside from assuming no doubt a sentence of a different nature, must be regarded primarily as a more serious owing to legal property affected: personal freedom (art. 17.1 CE), which undoubtedly is of greater constitutional entity affected by the fine.
From that same light of freedom as a value greater than the penalty of permanent location affects him immediately, while in the case of fine its possible impact on freedom would occur only mediately, if the breach is were to apply the penalty of permanent location former subsidiary personal liability art. CP 53.
In this case the courts, away from the request of the prosecution, imposed on the applicant under a sentence that exceeds their different nature and severity of the requested by the prosecution. That decision, damaging the adversarial principle in accordance with the constitutional doctrine presented above, has substantially altered the terms of debate concerning the penalty trial, as had been raised by the prosecution in the trial of misdemeanors, who joined the appeal by the applicant as to the adversarial principle injury for having imposed a sentence of greater severity and nature different from that requested by him, resulting limited powers to defend the accused, ignoring the facts against him could be punished with imprisonment which was eventually convicted and resulting also committed impartiality of the judiciary, as they have channeled the prosecution at the point concerning the sentence.

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Conference working group for the creation of a European Public Prosecutor

With an eye on the fourth English EU presidency during the first half of 2010, and in both the English Presidency's program is the beginning of the reflections on the possibility of creating a European Public Prosecutor, the Attorney General's Office in collaboration with the ECJ, has organized a specialized workshop in order to unify criteria to be fleshing out the Community Office from Eurojust, as stated in the Treaty Lisbon. In it, and for three dais, prosecutors have come from various European countries such as Portugal, France and Slovenia and Belgium, and as the highest representatives of the Office of Anti-Fraud Office (OLAF) and Eurojust, have pooled their experiences and knowledge.

The outline of the workshop has been organized into five main topics: the structure and status of the European Public Prosecutor, its powers, its procedures, judicial review of proceedings and the determination of jurisdiction and the presentation of evidence.

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Bill Approved for automatic execution of confiscation orders in the EU

The Council of Ministers on the proposal of Minister of Justice, Francisco Caamaño, today approved a bill that will allow automatic mutual recognition of confiscation orders imposed by judges in any EU Member State.
The future law will play a leading role in the fight against organized crime, since it involves the creation of a mechanism to prevent organized crime derive economic benefit from their illegal activity. Its main objective is to confiscate within Europe from the effects of having committed a criminal offense, the instruments used to it and all those who, in accordance with current regulations, may be subject to forfeiture.
By this standard is incorporated into English Law Framework Decision 2006/783/JHA of EU Ministers, which is part of actions aimed at creating the area of \u200b\u200bfreedom, security and justice within the Community, considering the international judicial cooperation as one of its essential parts. Given below, in addition to other important community decisions, such as the European Arrest Warrant (known as OEDE), the reference to the execution of orders freezing assets and preserving evidence and the principle of mutual recognition financial penalties.
This Bill is accompanied by a supplemental draft Law amending the Organic Law of Judicial Power, the sole purpose of recognizing the competence of the judges of the Criminal Court for enforcement in Spain the final confiscation orders transmitted by the competent judicial authorities of other member states of the European Union.

confiscation orders
The seizure may reach the property that derives from criminal activity carried out by the convicted person for a period prior to sentencing, or those on which the national judicial authority is fully satisfied, based on facts ,
of criminal origin, or if it transpires that the value of the property is disproportionate to the lawful income of the convicted person.

Transmission and enforcement of judgments Both
Decision Frame and the draft law transposing
proceeds to sit on the principle of mutual recognition, based on mutual trust between judicial authorities of different Member States, in order to recognize and execute all those judgments that are dictated by
competent judicial authority of a Member State of the European Union. This ensures that any Member State recognized and enforced in their own territory that final judicial decision issued by the competent authority of another Member State, to be directed at the deprivation of certain goods as a result of the criminal process developed in this State. To this end, the regulation provides is based on reconocimiento del principio de no sujeción al control de la doble tipificación y por tanto del reconocimiento y ejecución automático de la resolución de decomiso, en relación con un conjunto de determinados de delitos.
Con este fin, la norma prevé un catálogo de delitos para los que no se exige la doble incriminación, siempre que la pena impuesta en el proceso penal sea de al menos tres años en el Estado de emisión. En estos casos, los jueces de lo Penal –como autoridades judiciales españolas competentes para su ejecución en nuestro país- procederán al reconocimiento automático de la decisión adoptada por la autoridad judicial competente de otro Estado miembro de la Unión Europea, except when one of the limited grounds for refusing recognition and enforcement. Out of that list of dual criminality crime itself may be required for the recognition and enforcement of the resolution.

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Amendment in regulating the Consumer Arbitration System

Last May 25 was published in the Official Gazette by the Decree 863/2009 amending Decree 231/2008 which regulates the Consumer Arbitration System. This standard is referenced contains a single article whereby amending Article 51.2, leaving it reads as follows: "2. Consumer Arbitration Board under the terms entered in the respective agreements constitution, may voluntarily ascribe to the electronic administration of the arbitration shall be conducted in accordance with the provisions of this rule, through electronic systems and technology applications that enable the respective Consumer Arbitration Boards in the exercise of its powers. These electronic systems and technological applications will ensure compatibility and information sharing within the Consumer Arbitration System.

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The Ministry of Justice and the CGPJ cooperate in developing the Strategic Plan for Modernization Amendment

Following the meeting of the Joint Committee between the Ministry of Justice and the General Council of the Judiciary, the two institutions want to express their willingness to work together to achieve the Social Agreement for Justice, addressing the unavoidable and urgent reform in this area, demand citizenship. To this end the Ministry and the Council will contribute in developing the Strategic Plan for Modernization underpinning the Social Agreement, whose strategic axes substantially coincide with the modernization plan pushed by the General Council of the Judiciary. Both institutions will continue working to reform and improve the quality of justice a reality and thus achieve the Judges and Magistrates of this country and other professionals working in the Administration of Justice, to perform their duties in demanding conditions citizens. In this regard during the meeting itself today from the Joint Commission addressed specific issues related to the progressive deployment of software, is committed to advance the establishment of new common services to be advancing the future deployment of the judicial office and ratified the stable framework of cooperation between the two agencies so far has been in operation. The Ministry of Justice and the Supreme Judicial Council, after highlighting the mutual commitment to collaboration, which will undoubtedly facilitate the development of joint work, finally want to emphasize the importance of the other Justice Sector Institutions, professionals and other legal practitioners who work in it, as well as civil society, are incorporated into this Agreement on Judicial Social.

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Conclusions of the 3rd World Summit of Attorneys General

The Attorney General has participated in the Third World Summit of Attorneys General in Bucharest. This international meeting has been attended by representatives from 112 nations of Public Prosecutions. In his speech, Conde-Pumpido, h to as an example of international cooperation and multilateral strengthening of the Administration of Justice, projects and results achieved by the American Association of Public Prosecutors , whose presidency for Spain today. This staging at the Ibero-takes as its starting point the regional unions of Prosecutors.

The exchange of experiences on the different legal systems in Latin American countries "said Conde-Pumpido, is serving a very effective way to combat organized crime operating in 21 States that comprise the Association. Specifically, "common protocols have been set for action by the prosecutors in the suppression of drug trafficking and the protection of victims and witnesses of crime." Conde-Pumpido has explained that this model-which is already operating with good practical results, together with the Latin American Network for International Cooperation (IberRED) - should be an example for the European Union, whose Prosecutors have not yet reached this level of cooperation and mutual assistance.
After outlining the priority is international judicial cooperation in criminal matters, the prosecutor explained to the decision to support the establishment adversarial model of criminal procedure , which has been effective in most Latin American judicial area and in almost all democratic countries.

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Signing of Memorandum of Cooperation between Spain and Russia reaffirmed

The Attorney General, Candido Conde-Pumpido, and the Attorney General of the Russian Federation, Yuri Chaika, has held a meeting at the headquarters of the Attorney General's Office to develop A Memorandum of Cooperation between the two prosecutors, signed at the Moncloa Palace in the presence of the presidents of both PAISIS, who stressed the international significance of that Convention. This Memorandum is to establish a permanent channel collaboration between the two prosecutors, who in recent times have strong relationships with the occasion of the recent operations conducted in English territory against criminal networks of organized crime from the former Soviet Union, which the exchange of information between prosecutors has been very fluid, and has recently yielded important results in the fight against crime.
Specifically, both parties have agreed improve protocols to expedite the extradition of citizens of both countries. The Russian Prosecutor Genera wanted to thank the work done in the High Court, because, in plaabras hers "Spain is the European Union has processed more extraditions at the request of Russian authorities." To this end, both sides have appointed respective contact point in Spain and Russia.

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Francisco Caamaño clerks to its commitment to judicial reform through a great deal

Justice Minister, Francisco Caamaño, met this morning at the headquarters of the Ministry with members of the four clerks associations (National Association of Court Clerks, Secretaries Progressive Union Judicial and Court Clerks Union of Independent Association of Secretaries). In the meeting, which was also attended by Secretary of State Justice, Juan Carlos Campo, the Minister has stressed its commitment to partnerships to improve the quality of legal services received by citizens through a broad social agreement.
Therefore, it has reaffirmed the need to modernize the judicial office in order to simplify and unify with the goal of making justice more understandable to citizens. Francisco Caamaño has highlighted the key role in this process clerk as procedural technical director and director of the common procedural services. And he stressed the need to boost the use of information technology as a key tool in this project.
Accordingly, the Minister they moved their commitment to the bill procedural reforms, currently before Parliament, as there was absolute agreement on the part of representatives of associations of clerks, who have highlighted their offer to work resolutely to make this possible.

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social Minister of Justice presented in Parliament a plan of action for the next three years

The new justice minister has appeared today for the first time before the Justice Commission of the Congress of Deputies, where he has made known his plan of action for the next three years. Francisco Caamaño raised, inter alia, the following more significant issues : Convene

• 220 seats to 150 for judges and prosecutors, figures remain in the coming years. Also, this year convened other 290 seats for court clerks. Final Implementation
• the new Judicial Office to streamline the work in the judicial offices and more efficient.
• improve the regulatory framework for reconciling work and family of those who exercise the judicial function. Bet
• a holder Justice and quality. Establish the new position of judge of territorial affiliation and develop mechanisms that encourage and promote the substitutions among judges, court clerks and prosecutors.
• reduce the duration of the processes to avoid as much as possible for litigants being extended to their benefit and cost for everyone.
• investment of 600 million euros over the next three years on a plan for computerization and other infrastructure of the Administration of Justice. Making
• the courts can network and be connected.
• all kinds Implement mechanisms that allow us to configure a single Civil Registry for Spain and accessible to all citizens in terms of quality and speed. Strengthening
• guarantees the rights of citizens, including the improvement of services Service Offices.
• Development of a new criminal procedural law and strengthen the services of the Office of Victim Services.
• Strengthening international cooperation and advance in a decisive manner, during the English presidency of the European Union, the development of the European area of \u200b\u200bfreedom, security and justice.
• deepen the actual exercise of the right of religious freedom and coexistence through reform of the Organic Law on Religious Freedom.

Getting a great deal to social :

• Successfully implementing the new Judicial Office and modernize the permanent management of our courts and judicial courts.
• Fully computerize our justice system and make courts work with XXI century methods, working in a network.
• judicial Plot the new map you need the demographic reality of Spain.
• formulas promote conciliation and mediation and reduce litigation. Create
• Civil Registry of Spain, a register unique, modern and fully available online.
• Putting the citizen at the heart of the justice system.

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The Council of Europe calls on governments to ensure justice adapted to children to improve their protection

Representatives of the Member States of the Council of Europe attending the International Conference of Toledo, has today urged governments take action to ensure justice
adapted to children and improve their protection in the European judicial systems. In the closing session, which took place this morning, s and has made public a document of conclusions aimed at achieving common legal standards throughout Europe to end impunity for perpetrators of abuse and assault of minors and to ensure protection of victims and their rights from different areas (justice, education, health, social policy, health care etc ....) In his closing speech, the undersecretary of the Ministry of Justice, Purification Morandeira, he emphasized "the need for a common regulatory framework for the protection of minors in civil and criminal, which takes into account the particular sensitivity and vulnerability of these victims of abuse. " He has also requested "the involvement of all professionals who care for children so that their passage through the courts does not involve negative side effects." This is what, in the outcome document of the Conference, called "Justice adapted to children." In this regard, the recommendations of the Council of Europe suggest measures such as the use of video (instead of direct court hearings with the presence of child victims of abuse and their abusers); information to children in the state court proceedings, the cooperation of judges, psychologists and social workers to alleviate any suffering added during the court proceedings and the increased protection of children through appropriate technology.

Prevention and
private sector participants at the Conference of Toledo affect their conclusions not only persecution but also in preventing all forms of violence against children, with special attention to the important role that the sector private sector can play in the detection of crimes of abuse and sexual exploitation of children. For therefore asks the cooperation with the authorities of Internet service providers of mobile phone companies and, in general, the entire technology industry to prevent child pornography cases and to inform users of criminal sanctions this type of crime. In addition, it recommends that governments that force Internet service providers to retain traffic data for a fixed period of time so they can help and international investigations under court supervision. International financial firms to pay for Internet services should also collaborate with research related to network abuse children. And the hotel industry and tourism would adequately inform users of the codes of correct behavior to avoid the legal consequences arising from your failure.
The international conference was held in Toledo under the rotating chairmanship of the Committee of Ministers of the Council of Europe holds Spain until next May. Slovenia will happen then.

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The Minister of Justice decides on life imprisonment

Jusiticia Minister in the Senate has responded to a question from Joseba Zubia (PNV) on the reform of the Penal Code and life imprisonment. In particular, it has been alleged if the Government is considering possible reforms to the Penal Code which involves the introduction of life imprisonment for certain crimes.
face the question, the minister replied that "make life in our legal system is somewhat difficult to reconcile with the provisions of the Constitution. In 1978, the English, decided to supply a policy framework which expressly proscribes punishment as an end in itself and ordered the configuration of a system of punishment necessarily oriented to the "re-education and social reintegration, as well proclaims the art. 25.2 of our supreme law. A constitutional purposes to which the progressive democratic legislature no response has been given give, therefore, a criminal law that is recognized in comparative law as one of the most demanding. (Serve sample art. 76 of the existing Criminal Code that allows imprisonment of up to forty years).
Zubía Lord, let me emphasize the idea that before you moved. In our constitutional order the sentences have no place in perpetuity. As a responsible government, we must ensure, in the exercise of our powers, because it legislates in a conscious and deliberate. No one is aware that the crime is an act usually rapid and brief, while the circumstances of the victim and prolong their pain dramatically over time. We are fully aware of this and know that there are many elements in this particular context, we must analyze and weigh. But in any case, we can forget that weighting can only be carried out within the framework of our Constitution which provides for a punitive system whose main purpose is, as I said before, the "rehabilitation and social reintegration."
is true that, in compliance with these constitutional limits, mnuestro punitive system supports upgrades and enhancements that meet the needs of society. Obviously, this is not a particularly English and, like us, other countries around us are facing cultural Along the same lines: that of the accommodation 'reflective' and weighted
of criminal law to the new demands of citizenship.
is being developed and a common democratic reflection, based on the exchange of ideas and experiences, which is resulting in an identical or very similar response
all punitive systems of our environment. As far as we are concerned, the Government of Spain has begun a process of reform of the Penal Code. Today, such a reform is in the process of consultation with relevant bodies, including the General Judiciary Council has issued its report. The Government will consider the comments and suggestions that these reports contain, in particular, all those suggestions that are intended to achieve better proportionality between safeguarding human dignity, the constitutional purposes of the penalty and the care and attention to victims. In any case, it goes without saying that the Bill will amend the Penal Code to Parliament and that will be you who have the final word. "

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Francisco Caamaño Government reiterated the commitment of all who are willing to work for Justice

Justice Minister, Francisco Caamaño, reiterated Government's commitment "to all who believe and are willing to work for a better justice" during the act of taking possession of the new posts in the Ministry, held just a week after his appointment: Secretary of State for Justice, Juan Carlos Campo, the assistant secretary, Purification Morandeira, the general secretary technical, Santiago Hurtado, Secretary General of the Modernization of Justice, Ignacio Sánchez , and the head of Cabinet Minister, José Luis Rodríguez. Francisco Caamaño also stressed his continued commitment to dialogue, "because everyone, absolutely everyone we, because we all have things to contribute." He added that "it is the synthesis of these ideas, from those experiences and of those wills that can initiate and develop projects decided by momentum and progressive transformation of justice. "
"That's why - the minister explained why I made in my professional team that bring together the rigor and deep knowledge of their work with an attitude of constant readiness for dialogue and encounter." The Minister of Justice stressed that the modernization of the Justice is a priority of this new team: a sincere objective, not against anyone, and we want to achieve by talking to judges, attorneys general, lawyers and all professionals the service of the Administration of Justice who wish to participate in a frank and open in a project to consolidate, once and for all, the common bases of quality justice. " After thanking the outgoing team dedication and commitment, the Minister of Justice has cited the most relevant of the new members of your team. Juan Carlos Campo Moreno, the new secretary of state, stressed "his capacity for work and good work, well known to many professionals in the field of justice." Ignacio Sánchez Guiu, assumes today the General Secretariat for Modernisation and Relations with the Administration of Justice, has "a valuable experience and vision necessary to modernize the administration of justice" in the words of the Minister of Justice. Purification Morandeira today as new secretary, "Takes the complicated task of management and internal gear Ministry." James Howard, general technical secretary, "comes backed by his experience as counsel for the State and his distinguished career as a lawyer." Jose Luis Rodriguez, head of Cabinet Minister, is "the Germanic rigor and intelligence wise for transforming good ideas into government action."

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best Ministers of Justice of Spain, Portugal and Brazil signed an agreement to expedite the extradition of criminals

Ministers of Justice of Spain, Portugal and Brazil (Mariano Fernández Bermejo, Alberto Costa and Tarso Genro), today signed a Memorandum containing the outlines of the future system of mutual surrender of criminals. In addition to these three countries, Argentina, who could not attend the appointment-scheduling problems are also integrated into this agreement, intended to spread to other countries in Latin America. This, said Minister Fernández Bermejo at a press conference "to narrow the field of what will be the big push to update the legal cooperation between these four countries to make substantial progress in what is known as extradition, ie delivery of criminal suspects more easily and quickly. " "Today, - added the English Minister, to express our political will to move on to sign a memorandum of understanding contains the outlines of a common journey short, medium and long term. " So, this morning has been a Technical Commission shall, within a short period of time, a Quadripartite Agreement in this area.
The outline of the Memorandum signed today are looking to simplify the extradition procedure through several measures: 1) Establish a new simplified system that applies generally to all crimes, a single simple system ; 2) Reducing time, so as to make the procedures as as possible. Thus, the condition of the obligation of full translation of the files will disappear. Linguistic proximity of these 4 countries, can only translate the part, not the integrity of the records, which were shortened by months the normal extradition procedures. The application of a standard bilingual and formal admission of electronic and telematic means to unify the system of extradition between these four countries; 3) Overcoming principle of double jeopardy (ie refusal of extradition if the crime is not in both countries). To Therefore, the development of a list of serious crimes, so that the crimes included in the review itself does not require typing in another country; 4) Include provisional extradition or surrender as a precautionary measure temporary. In the context of the European Union this tool works very well. The mechanism is based on a commitment to return once the person has been sentenced to serve the sentence that corresponds to your country. At the request of Brazil, the Ministers of Justice have even considered the possibility of exploring more advanced ways that allow even a temporary handover could become final during the proceedings. Fernández Bermejo has noted that the agreement "that arises from the cultural proximity and mutual trust among the four countries is a huge step in the legal-minded cooperation extended to the whole Latin American area." The Ministers of Justice of Spain, Portugal and Brazil, have reported on the conclusions of the meeting to his Argentine counterpart, although could not attend the event, shortly sign the memorandum.