As we all know, by means of phishing the perpetrator aims to trick the recipient of an email, a phone call, or a text message into disclosing financial information, banking access credentials, or other sensitive data or into accessing fake web pages or links, thereby making a mistake and in this way obtain a disposition… Continue reading Phishing. Territorial jurisdiction: Principle of ubiquity or effectiveness of the investigation
Category: Criminal
Modification of the Criminal Code regarding recklessness in driving motor vehicles or mopeds
On September 15, Organic Law 11/2022, of September 13, came into force, amending the Penal Code on recklessness in driving motor vehicles or mopeds. This regulation also modifies the Consolidated Text of the Law on Traffic, Circulation of Motor Vehicles and Road Safety, approved by Royal Legislative Decree 6/2015. This reform was born with the… Continue reading Modification of the Criminal Code regarding recklessness in driving motor vehicles or mopeds
Complaint channel: protection for the complainant who reports breaches in European Union law
A big step forward has been taken regarding whistleblowers protection. It will undoubtedly make the complaint channel more effective that must be included in all compliance programs. This step forward has been established by Directive (EU) 2019/1937 of the European Parliament and of the Council, of October 23, 2019, on the protection of persons reporting… Continue reading Complaint channel: protection for the complainant who reports breaches in European Union law
The Bitcoin, for the purposes of civil liability derived from crime, is not legal tender
This was the conclusion reached by the Supreme Court in its Judgment of June 20, rejecting a final appeal in cassation No. 998/2018. As background to this Judgment, we can say that the defendant had been convicted by the Provincial Madrid Court, in its Judgment of March 7, 2018, for ongoing fraud, and had to… Continue reading The Bitcoin, for the purposes of civil liability derived from crime, is not legal tender
Money laundering crime. Requirements. Crime against the Public Treasury as antecedent to the crime of money laundering
The crime of money laundering is defined in article 301 of the Criminal Code and requires proof of: 1) the existence of a prior crime as the origin of the laundered assets; 2) that this crime is capable of generating economic profits; 3) the connection between said crime and the accredited profits, so that it… Continue reading Money laundering crime. Requirements. Crime against the Public Treasury as antecedent to the crime of money laundering
Modification of the Organic Law 5/1995 of the Jury Court
On December 14 of last year, the Organic Law 1/2017, of December 13, of modification of the Organic Law 5/1995, of May 22, of the Jury Court, was published in the Official Gazette to guarantee the participation of the people with disabilities without exception. Thus, paragraph 5 of article 8 of this Organic Law is… Continue reading Modification of the Organic Law 5/1995 of the Jury Court