CCSE The Spanish Legal System and Judiciary 2 — Questions and Answers
Question 1: What is the primary source of criminal law defining offenses and penalties in Spain?
- The Civil Code
- The Penal Code (Código Penal) (Correct answer)
- The Constitution
- The Organic Law of the Judiciary
Correct answer: The Penal Code (Código Penal)
The Código Penal (Penal Code) is Spain's fundamental criminal statute, defining which acts are crimes and establishing the corresponding penalties.
Question 2: Who holds the formal power to grant pardons (indultos) in Spain?
- The Prime Minister alone
- The President of the Supreme Court
- The King, upon proposal of the Government countersigned by the Minister of Justice (Correct answer)
- The Cortes Generales by majority vote
Correct answer: The King, upon proposal of the Government countersigned by the Minister of Justice
The right of pardon is a royal prerogative exercised by the King at the proposal of the Council of Ministers, countersigned by the Minister of Justice, as established in the Constitution.
Question 3: What does the fundamental right of 'tutela judicial efectiva' (Article 24 of the Constitution) guarantee?
- Mandatory legal representation for all defendants
- The right of every person to effective access to courts for protection of their rights (Correct answer)
- The role of court-appointed guardians for minors
- The duty of courts to resolve all cases within one year
Correct answer: The right of every person to effective access to courts for protection of their rights
Article 24 guarantees 'tutela judicial efectiva,' meaning everyone has the right to access judges and courts to obtain effective protection of their rights and legitimate interests.
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?
- Ordinary laws (leyes ordinarias)
- Organic laws (leyes orgánicas) (Correct answer)
- Royal Decree-Laws (decretos-leyes)
- Regional laws (leyes autonómicas)
Correct answer: Organic laws (leyes orgánicas)
Organic laws (leyes orgánicas) require an absolute majority in Congress and are reserved for matters such as fundamental rights, electoral regimes, and statutes of autonomy.
Question 5: What is the 'habeas corpus' procedure in Spain used for?
- Appealing a criminal conviction to the Supreme Court
- Requesting that a detained person be brought before a judge to verify the lawfulness of the detention (Correct answer)
- Obtaining free legal aid for an upcoming trial
- Petitioning the King for clemency after sentencing
Correct answer: Requesting that a detained person be brought before a judge to verify the lawfulness of the detention
Habeas corpus allows any person who believes they are unlawfully detained to appear before a judge within 24 hours so the legality of the detention can be reviewed.
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?
- 24 hours
- 72 hours (Correct answer)
- 48 hours
- 5 days
Correct answer: 72 hours
Article 17 of the Spanish Constitution establishes that a detainee must be released or handed to judicial authorities within 72 hours of arrest (with a possible extension for terrorism cases).
Question 7: How is Spain's Attorney General (Fiscal General del Estado) appointed?
- Elected by the Cortes Generales
- Appointed by the King upon proposal of the Government, after consulting the CGPJ (Correct answer)
- Elected by members of the Supreme Court
- Appointed solely by the President of the Constitutional Court
Correct answer: Appointed by the King upon proposal of the Government, after consulting the CGPJ
The Fiscal General del Estado is formally appointed by the King upon proposal by the Government after consulting the General Council of the Judiciary (CGPJ).
CCSE The Spanish Legal System and Judiciary 2
What is the primary source of criminal law defining offenses and penalties in Spain?