Lawyers specialising in criminal law
Facing a criminal charge, a complaint or criminal proceedings is one of the most legally significant situations for any individual or organisation. Criminal law governs conduct classified as a criminal offence, sets out the applicable penalties and determines the procedures through which the facts are investigated, evidence is examined and rulings are handed down that may affect a person’s liberty, assets or reputation.
Whether you are a person under investigation or a defendant, or whether you are acting as a private prosecutor, it is essential to have a legal defence team with in-depth knowledge of the stages of criminal proceedings, capable of devising a sound strategy and ensuring that fundamental rights and procedural safeguards are respected at all times.
At BGI LAW, we provide legal assistance at every stage of criminal proceedings, from the initial police and judicial investigations through to the oral hearing and the lodging of the relevant appeals. Each case is analysed on a case-by-case basis, taking into account its factual and legal aspects, and we act with the promptness required by particularly urgent situations.
The firm’s experience in criminal law
With offices in Marbella, Madrid and Vigo, BGI LAW has a proven track record in the field of criminal law, having provided legal assistance for over three decades in a wide range of criminal proceedings. The firm handles cases relating to economic and property offences, offences against the person, money laundering, corporate offences, cybercrime and the criminal liability of legal persons, acting both in defence and as private prosecutors.
In cases with an international element, the firm works in coordination with the international network BGI Global, enabling the effective handling of European arrest warrants, letters rogatory and other cross-border criminal proceedings. The firm’s criminal law practice combines knowledge of the Criminal Code and the case law of the Supreme Court and the Constitutional Court with solid courtroom experience.
Key services in criminal law
Defence of the person under investigation or the accused
Private prosecution
Economic and property offences
Areas of practice in criminal law
Crimes and types of criminal offences
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Offences against the person
- Injuries and homicide.
- Offences against sexual freedom.
- Gender-based violence and restraining orders.
Money laundering
- Criminal investigations into money laundering.
- Confiscation of assets.
- Coordination with economic and tax procedures.
Cybercrime
- Discovery and disclosure of secrets.
- Computer scams.
- Computer damage and cybercrime.
Procedural steps and measures
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Criminal proceedings
- Appeals to Provincial Courts.
- Appeals to the Supreme Court.
- Applications for constitutional protection before the Constitutional Court.
Interim measures
- Application for and opposition to pre-trial detention.
- Amendment of interim measures.
- Provisional release and bail.
Criminal liability of legal persons
- Defence of companies under investigation.
- Exemption from or limitation of liability.
- Implementation and review of criminal compliance models.
Economic and tax offences
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Offences against the Treasury
- Tax offences and tax evasion.
- Tax regularisation and criminal consequences.
Offences against the National Insurance Scheme
- Criminal liability of companies.
- Proceedings relating to fraud and social security contributions.
Work methodology
1. Urgent analysis of the case
Immediate assessment of the alleged facts, the available evidence and the status of the proceedings.
2. Defensive or accusatory strategy
Formulation of the legal strategy and determination of the most appropriate course of action in legal proceedings.
3. Procedural action
Participation in legal proceedings, questioning, and the presentation and examination of evidence.
4. Resources and implementation
Lodging appeals and monitoring the enforcement of court rulings.
Frequently Asked Questions on Criminal Law
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What should I do if I am summoned to give evidence as a person under investigation?
It is essential to be represented by a lawyer. The person under investigation has the right to remain silent and to have legal representation from the very outset of the criminal investigation.
Can I appeal against a criminal conviction?
Yes. Depending on the case, appeals may be lodged with the Provincial Court and, in certain circumstances, an appeal on points of law may be lodged with the Supreme Court on the grounds of a breach of the law or a violation of fundamental rights.
What is a private prosecution?
A private prosecution enables the victim of a crime to join the criminal proceedings, play an active part in the process and claim appropriate compensation for the damages suffered.
Can companies be held criminally liable?
Yes. Since the reform of the Criminal Code, legal persons may be held criminally liable for certain offences committed within their organisation, unless they have adequate prevention measures in place that allow such liability to be waived or mitigated.
When can pre-trial detention be ordered?
Pre-trial detention is only permissible where there are reasonable grounds to suspect criminal activity and where there is a risk of the suspect absconding, destroying evidence or reoffending, and where the adoption of other, less onerous precautionary measures is insufficient.
What is the difference between being under investigation and being charged in criminal proceedings?
The status of ‘person under investigation’ arises at an early stage of the proceedings, when there are indications that a crime may have been committed and investigations are carried out to establish the facts. The status of ‘accused’ is acquired at a later stage, when the proceedings move towards the oral hearing and a specific charge is brought. In both cases, the person has the right to legal representation.
Is it compulsory to be accompanied by a solicitor when giving a statement at a police station?
It is not compulsory to be accompanied by a lawyer when giving a statement at a police station, but everyone has the right to legal representation from the moment they are accused of a criminal offence. The presence of a lawyer is particularly advisable to ensure that the rights of the person under investigation are respected, to provide appropriate guidance on the statement, and to avoid actions that could prejudice the defence at later stages of the criminal proceedings.
How long can criminal proceedings last?
The duration of criminal proceedings depends on a number of factors, such as the complexity of the case, the number of persons under investigation, the type of offence and the competent court. Some proceedings may be concluded within a few months, whilst others – particularly those relating to financial or complex offences – may drag on for several years.
What happens if I fail to appear in response to a criminal court summons?
Failure to appear in court without a valid reason following a summons may result in legal consequences, such as the imposition of penalty payments or even an arrest warrant. It is therefore essential to comply with any summons and, if this is not possible, to notify the court accordingly through a solicitor.
Can a criminal case be dismissed before the trial?
Yes. During the preliminary investigation stage, criminal proceedings may be discontinued if there is insufficient evidence of an offence or if the person criminally responsible cannot be identified. An appropriate defence strategy from the very outset of the proceedings can be decisive in securing the discontinuation of the case.
Contact
Handling a criminal case requires technical rigour, knowledge of the legal process and prompt action. Decisions taken in the early stages of proceedings can prove decisive for their course and final outcome. If you require advice on criminal law, the team at BGI LAW can analyse your legal situation and assess the most appropriate course of action in accordance with the law.
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