Criminal Code (Spain)
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Criminal Code (Spain)
The Criminal Code is a law that codifies most criminal offences in Spain. The Code is established by an organic law, the Organic Law 10/1995, of 23 November, of the Criminal Code (''Ley Orgánica 10/1995, de 23 de noviembre, del Código Penal''). Section 149(6) of the Spanish Constitution establishes the sole jurisdiction of the Cortes Generales over criminal law in Spain. The Criminal Code is structured through two books. The first book regulates general norms about criminal offenses and penalties and the second book regulates crimes and other dangerous situations, to which the code attributes penalties and security measures, respectively. The Criminal Code is a fundamental law of the Spanish criminal law, because it is a limit to the ''ius puniendi'' (or «right to punish») of the State. The Code was enacted by the Spanish Parliament on 8 November 1995 and it was published in the Official State Gazette (BOE) on 23 November. The Code is in force since 25 May 1996. Since its ...
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Cortes Generales
The Cortes Generales (; en, Spanish Parliament, lit=General Courts) are the bicameral legislative chambers of Spain, consisting of the Congress of Deputies (the lower house), and the Senate (the upper house). The Congress of Deputies meets in the Palacio de las Cortes. The Senate meets in the Palacio del Senado. Both are in Madrid. The Cortes are elected through universal, free, equal, direct and secret suffrage, with the exception of some senatorial seats, which are elected indirectly by the legislatures of the autonomous communities. The Cortes Generales are composed of 615 members: 350 Deputies and 265 Senators. The members of the Cortes Generales serve four-year terms, and they are representatives of the Spanish people. In both chambers, the seats are divided by constituencies that correspond with the fifty provinces of Spain, plus Ceuta and Melilla. However, the Canary and Balearic islands form different constituencies in the Senate. As a parliamentary system, the C ...
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Defamation
Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal definition of defamation and related acts as well as the ways they are dealt with can vary greatly between countries and jurisdictions (what exactly they must consist of, whether they constitute crimes or not, to what extent proving the alleged facts is a valid defence). Defamation laws can encompass a variety of acts: * Insult against a legal person in general * Defamation against a legal person in general * Acts against public officials * Acts against state institutions (e.g., government, ministries, government agencies, armed forces) * Acts against state symbols * Acts against the state itself * Acts against religions (e.g., blasphemy, discrimination) * Acts against the judiciary or legislature (e.g., contempt of court, censure) Histo ...
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Spanish Constitution Of 1978
The Spanish Constitution (Spanish, Asturleonese, and gl, Constitución Española; eu, Espainiako Konstituzioa; ca, Constitució Espanyola; oc, Constitucion espanhòla) is the democratic law that is supreme in the Kingdom of Spain. It was enacted after its approval in a constitutional referendum, and it is the culmination of the Spanish transition to democracy. The Constitution of 1978 is one of about a dozen of other historical Spanish constitutions and constitution-like documents; however, it is one of two fully democratic constitutions (the other being the Spanish Constitution of 1931). It was sanctioned by King Juan Carlos I on 27 December, and published in the ' (the government gazette of Spain) on 29 December, the date on which it became effective. The promulgation of the constitution marked the culmination of the Spanish transition to democracy after the death of general Francisco Franco, on 20 November 1975, who ruled over Spain as a military dictator for nearly 40 ...
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Rule Of Law
The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica'' as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power." The term ''rule of law'' is closely related to constitutionalism as well as ''Rechtsstaat'' and refers to a political situation, not to any specific legal rule. Use of the phrase can be traced to 16th-century Britain. In the following century, the Scottish theologian Samuel Rutherford employed it in arguing against the divine right of kings. John Locke wrote that freedom in society means being subject only to laws made by a legislature that apply to everyone, with a person being otherwise free from both governmental and ...
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Democracy
Democracy (From grc, δημοκρατία, dēmokratía, ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which the people have the authority to deliberate and decide legislation (" direct democracy"), or to choose governing officials to do so ("representative democracy"). Who is considered part of "the people" and how authority is shared among or delegated by the people has changed over time and at different rates in different countries. Features of democracy often include freedom of assembly, association, property rights, freedom of religion and speech, inclusiveness and equality, citizenship, consent of the governed, voting rights, freedom from unwarranted governmental deprivation of the right to life and liberty, and minority rights. The notion of democracy has evolved over time considerably. Throughout history, one can find evidence of direct democracy, in which communities make decisions through popular assembly. Today, the dominant form of ...
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Welfare State
A welfare state is a form of government in which the state (or a well-established network of social institutions) protects and promotes the economic and social well-being of its citizens, based upon the principles of equal opportunity, equitable distribution of wealth, and public responsibility for citizens unable to avail themselves of the minimal provisions for a good life. There is substantial variability in the form and trajectory of the welfare state across countries and regions. All welfare states entail some degree of private-public partnerships wherein the administration and delivery of at least some welfare programmes occurs through private entities. Welfare state services are also provided at varying territorial levels of government. Early features of the welfare state, such as public pensions and social insurance, developed from the 1880s onwards in industrializing Western countries. World War I, the Great Depression, and World War II have been characterized as impo ...
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Abortion In Spain
Abortion in Spain is legal upon request up to 14 weeks of pregnancy, and at later stages for serious risk to the health of the woman or fetal defects. Abortion legislation in Spain has a fluctuating history. During the 1930s, abortion law was liberalized in the area controlled by the Republicans, but this was short-lived, as the Franco regime, with support of the Catholic Church, outlawed abortion again. The laws were relaxed in 1985, and were further liberalized in 2010. Abortion remains a controversial political issue in Spain, but regular moves to restrict it have lacked majority support. In recent years, abortion rates have been falling, as better access to emergency contraception has been introduced. Overview Voluntary interruption of pregnancy (induced abortion) in Spain is regulated under Title II of the Organic Law 2/2010 of sexual and reproductive health and abortion which came into force on 5 July 2010 and legalizes abortion during the first 14 weeks of pregnancy. Ind ...
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Europe
Europe is a large peninsula conventionally considered a continent in its own right because of its great physical size and the weight of its history and traditions. Europe is also considered a Continent#Subcontinents, subcontinent of Eurasia and it is located entirely in the Northern Hemisphere and mostly in the Eastern Hemisphere. Comprising the westernmost peninsulas of Eurasia, it shares the continental landmass of Afro-Eurasia with both Africa and Asia. It is bordered by the Arctic Ocean to the north, the Atlantic Ocean to the west, the Mediterranean Sea to the south and Asia to the east. Europe is commonly considered to be Boundaries between the continents of Earth#Asia and Europe, separated from Asia by the drainage divide, watershed of the Ural Mountains, the Ural (river), Ural River, the Caspian Sea, the Greater Caucasus, the Black Sea and the waterways of the Turkish Straits. "Europe" (pp. 68–69); "Asia" (pp. 90–91): "A commonly accepted division between Asia and E ...
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Spanish Civil War
The Spanish Civil War ( es, Guerra Civil Española)) or The Revolution ( es, La Revolución, link=no) among Nationalists, the Fourth Carlist War ( es, Cuarta Guerra Carlista, link=no) among Carlists, and The Rebellion ( es, La Rebelión, link=no) or The Uprising ( es, La Sublevación, link=no) among Republicans. was a civil war in Spain fought from 1936 to 1939 between the Republicans and the Nationalists. Republicans were loyal to the left-leaning Popular Front government of the Second Spanish Republic, and consisted of various socialist, communist, separatist, anarchist, and republican parties, some of which had opposed the government in the pre-war period. The opposing Nationalists were an alliance of Falangists, monarchists, conservatives, and traditionalists led by a military junta among whom General Francisco Franco quickly achieved a preponderant role. Due to the international political climate at the time, the war had many facets and was variously viewed as cla ...
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Probation
Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incarceration), such as suspended sentences. In others, probation also includes supervision of those conditionally released from prison on parole. An offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer. During the period of probation, an offender faces the threat of being incarcerated if found breaking the rules set by the court or probation officer. Offenders are ordinarily required to maintain law-abiding behavior, and may be ordered to refrain from possession of firearms, remain employed, participate in an educational program, abide a curfew, live at a directed place, obey the orders of the probation officer, or not leave the jurisdiction. The probationer might be ordere ...
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Conditional Sentence
Conditional sentences are natural language sentences that express that one thing is contingent on something else, e.g. "If it rains, the picnic will be cancelled." They are so called because the impact of the main clause of the sentence is ''conditional'' on the dependent clause. A full conditional thus contains two clauses: a dependent clause called the ''antecedent'' (or ''protasis'' or ''if-clause''), which expresses the condition, and a main clause called the ''consequent'' (or ''apodosis'' or ''then-clause'') expressing the result. Languages use a variety of grammatical forms and constructions in conditional sentences. The forms of verbs used in the antecedent and consequent are often subject to particular rules as regards their tense, aspect, and mood. Many languages have a specialized type of verb form called the conditional mood – broadly equivalent in meaning to the English "would (do something)" – for use in some types of conditional sentences. Types of conditiona ...
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Luis Jiménez De Asúa
Luis Jiménez de Asúa (June 19, 1889 in Madrid – November 16, 1970 in Buenos Aires) was a jurist and Spanish politician. He was vice president of the Spanish parliament and representative of that country before the United Nations. During the Francoist dictatorship he exiled himself to Argentina. In 1962 he was named president of the Spanish Republican government in Exile. Biography A professor of penal law at the Central University of Madrid). He was confined to the Islas Chafarinas in 1926, for his protest against the exile of Miguel de Unamuno by the dictatorship of Primo de Rivera. In 1931 he entered in the Spanish Socialist Workers' Party (PSOE) and was made a deputy in the Cortes Generales, presiding over the parliamentary commission that had been drafting the Constitution. Director of the Institute of Penal Studies, created by Victoria Kent, he participated in the writing of the Criminal Code of 1932. Belonging to the moderate wing of the PSOE, he was elected vice pres ...
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