CCSE The Spanish Legal System and Judiciary 2

Question 1

What is the primary source of criminal law defining offenses and penalties in Spain?

Accepted Answer

The Penal Code (Código Penal)

Answer

The Civil Code

Answer

The Constitution

Answer

The Organic Law of the Judiciary

Question 2

Who holds the formal power to grant pardons (indultos) in Spain?

Accepted Answer

The King, upon proposal of the Government countersigned by the Minister of Justice

Answer

The Prime Minister alone

Answer

The President of the Supreme Court

Answer

The Cortes Generales by majority vote

Question 3

What does the fundamental right of 'tutela judicial efectiva' (Article 24 of the Constitution) guarantee?

Accepted Answer

The right of every person to effective access to courts for protection of their rights

Answer

Mandatory legal representation for all defendants

Answer

The role of court-appointed guardians for minors

Answer

The duty of courts to resolve all cases within one year

Question 4

Which type of Spanish law requires an absolute majority in the Congress of Deputies for approval and covers fundamental rights and electoral matters?

Accepted Answer

Organic laws (leyes orgánicas)

Answer

Ordinary laws (leyes ordinarias)

Answer

Royal Decree-Laws (decretos-leyes)

Answer

Regional laws (leyes autonómicas)

Question 5

What is the 'habeas corpus' procedure in Spain used for?

Accepted Answer

Requesting that a detained person be brought before a judge to verify the lawfulness of the detention

Answer

Appealing a criminal conviction to the Supreme Court

Answer

Obtaining free legal aid for an upcoming trial

Answer

Petitioning the King for clemency after sentencing

Question 6

Under the Spanish Constitution, what is the maximum period a person can be held in police custody before being released or brought before a judge?

Accepted Answer

72 hours

Answer

24 hours

Answer

48 hours

Answer

5 days

Question 7

How is Spain's Attorney General (Fiscal General del Estado) appointed?

Accepted Answer

Appointed by the King upon proposal of the Government, after consulting the CGPJ

Answer

Elected by the Cortes Generales

Answer

Elected by members of the Supreme Court

Answer

Appointed solely by the President of the Constitutional Court