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 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?

Accepted Answer

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

Answer

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?

Accepted Answer

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

Answer

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?

Accepted Answer

Organic laws (leyes orgánicas)

Answer

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?

Accepted Answer

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

Answer

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.

CCSE - Prueba de Conocimientos Constitucionales y Socioculturales de España Practice Test

CCSE - Prueba de Conocimientos Constitucionales y Socioculturales de España Practice Test

CCSE The Spanish Legal System and Judiciary 2