Criminal Law

Criminal Defence from Arrest

The first hours of a criminal investigation can have a significant impact on the subsequent proceedings.

We provide legal assistance from the earliest stages, including:

• Assistance following arrest or detention.
• Representation at police stations.
• Statements before the Police or Guardia Civil.
• Representation before the duty court.
• Statements before the investigating judge.
• Hearings concerning precautionary measures.
• Pre-trial detention proceedings.
• Provisional release and other restrictive measures.

A criminal defence strategy begins well before trial. A statement, an investigative measure or a procedural decision taken at an early stage may
significantly affect the subsequent course of the case.

Criminal Investigation Proceedings

We represent clients throughout the judicial investigation stage, both as
defence counsel and on behalf of victims and injured parties acting as private prosecutors.

During the investigation, we analyse the available evidence and actively
participate in defining the procedural strategy, including:

• Statements by suspects and witnesses.
• Documentary evidence.
• Expert evidence.
• Investigative measures.
• Medical and forensic reports.
• Digital evidence.
• Precautionary measures.
• Appeals against judicial decisions.
• Applications for dismissal of proceedings.
• Preparation of the case for trial.

Our objective is to understand the proceedings as a whole and to anticipate, from the investigation stage, the issues that may ultimately become decisive at trial.

Criminal Trials

We represent clients in criminal trials before the competent Spanish criminal
courts, including Criminal Courts and Provincial Courts.

Trial preparation involves a comprehensive review of the case file, assessment of prosecution and defence evidence, preparation of examinations and cross-examinations, expert evidence and the development of the legal arguments to be presented before the court.

Every criminal case requires its own strategy. Effective criminal defence
involves not only responding to an accusation, but determining which facts can actually be established, which evidence may lawfully be relied upon and what legal consequences may properly follow from it.

Criminal Appeals, Supreme Court and Constitutional Proceedings

Our representation may continue after judgment.

Where the applicable legal requirements are satisfied, we assess and pursue:

• Motions for reconsideration.
• Appeals.
• Complaints against decisions refusing an appeal.
• Appeals in cassation before the Spanish Supreme Court.
• Proceedings seeking the nullity of judicial acts.
• Constitutional appeals for protection of fundamental rights before the
  Spanish Constitutional Court.

Appellate proceedings require a specific analysis aimed at identifying
procedural infringements, errors of law, violations of fundamental rights and other grounds capable of review by a higher court.

Sexual Offences

We represent clients in criminal proceedings involving sexual offences, both in defence and on behalf of victims acting as private prosecutors.

These are particularly sensitive proceedings in which statements by the
parties, medical and forensic reports, expert evidence, electronic
communications, digital evidence and the circumstances surrounding the alleged events may acquire particular importance.

Their complexity requires technically rigorous representation and especially
careful handling of both the evidence and the individuals involved.

Financial and Economic Crime

We have experience in financial and economic criminal proceedings, including complex cases involving multiple defendants, extensive documentary evidence or sophisticated financial transactions.

Our practice includes proceedings concerning:

• Fraud.
• Misappropriation.
• Unfair administration.
• Insolvency-related offences.
• Fraudulent concealment or disposal of assets.
• Money laundering.
• Fraudulent banking transactions.
• Cases involving the use of bank accounts by third parties, including so-called money mule cases.
• Corporate offences.
• Tax and Social Security offences.
• Documentary falsification connected with financial transactions.

In financial crime cases, it is particularly important to reconstruct the relevant transactions accurately, determine the specific involvement of each individual and distinguish between a financial or commercial irregularity and conduct capable of giving rise to criminal liability.

Forgery and False Documents

We advise and represent clients in proceedings involving documentary
falsification, forgery and the alleged use of false documents.

These cases may involve public, official, commercial or private documents and
may arise in connection with financial transactions, business relationships,
administrative proceedings or other alleged criminal offences.

Their assessment requires consideration not only of the document itself, but also of its origin, purpose and use, as well as the specific involvement
attributed to each person.

Drug Offences and Offences Against Public Health

We represent clients in criminal proceedings involving drug offences and other offences against public health, from the initial police investigation through trial and subsequent appeals.

These proceedings may involve searches, interception of communications, substance analysis, police surveillance, expert evidence and issues concerning the chain of custody.

Careful scrutiny of the legality of investigative measures and of the manner in which evidence was obtained is an essential part of the defence.

Road Traffic Offences

We provide legal representation in criminal proceedings involving road traffic offences, including:

• Driving under the influence of alcohol or drugs.
• Driving with a criminally punishable blood alcohol level.
• Driving without a valid licence.
• Criminal speeding offences.
• Reckless driving.
• Leaving the scene of an accident.
• Criminal proceedings arising from road traffic accidents.

Private Prosecution and Representation of Victims

The criminal practice of EBAN Abogados is not limited to
defence work.

We also represent victims and injured parties through private prosecution,
participating actively in the investigation and, where appropriate, seeking both criminal liability and compensation for the damage caused by the offence.

Representing a victim in criminal proceedings also requires a defined strategy regarding evidence, investigative measures, precautionary measures and the
recovery of compensation.

Sentence Enforcement and Prison Law

Our involvement may continue after a criminal judgment becomes final.

We advise and represent clients in matters relating to the enforcement of
criminal sentences and Spanish prison law, including:

• Suspension of custodial sentences.
• Enforcement of criminal sentences.
• Civil liability arising from criminal offences.
• Prison classification.
• Progression and regression between prison classifications.
• Prison leave and temporary release.
• Conditional release.
• Appeals before the Spanish Prison Supervision Courts.
• Legal issues arising during the enforcement of a custodial sentence.

Criminal defence does not necessarily end with the judgment. The manner in
which a sentence is enforced may be as important to the client as the proceedings that resulted in the conviction.

Representation Across Spanish Criminal Law

Our practice encompasses proceedings involving the different categories of
offences established under the Spanish Criminal Code.

In addition to the areas described above, we represent clients in proceedings involving offences against persons, property, privacy, reputation, public authorities, the administration of justice and other criminal matters requiring specialised defence or private prosecution representation.

We do not approach criminal proceedings as a series of isolated procedural steps. From an arrest to an appeal before the Supreme Court or the enforcement of a sentence, each decision forms part of a broader legal strategy.

Rigorous and Personal Criminal Defence

Criminal proceedings can arise unexpectedly in an individual’s personal or professional life and may have consequences extending far beyond the courtroom.

At EBAN Abogados, our criminal practice is particularly focused on individuals, professionals and businesspeople who need to confront
such circumstances with solid, discreet and directly involved legal representation.

We assess each case individually, identify its legal and procedural risks and define a strategy from the earliest stages through to its conclusion.