Crime In Spain Research Articles

Does the sex of judges matter? Analysis of sentencing in sex crimes in Spain

More women are increasingly joining the judiciary, especially during the last four decades. This has led to more research on the influence of sex on judicial decisions. Judge’s sex is a non-legal factor whose importance lies in the generally acknowledged historical difference between male and female roles in society, which may generate significantly different points of view and differences in the outcome of judicial proceedings, especially in cases related to sexual violence. However, there is no consensus regarding the effect of sex on sentencing. Indeed, findings to date vary widely, making a more profound study of this topic even more necessary. This study is based on a quantitative analysis of court sentences dictated by Provincial Courts in Spain (i.e. panels made up of men, women, or both) issued between 2019 and 2020.

Is there a relationship between housing deprivation and crime? Evidence for the Spanish case

Purpose Crime increased in Spain during the period of 2017–2019 after a decade of decline. This coincides with severe housing deprivation multiplying by three in just four years, affecting 3.4% of the population in 2020. However, no research has been found that analyzes whether this deterioration of the physical conditions of housing and its environmental elements has impacted the level of crime in Spain. This study aims to analyze how housing deprivation affects crime in the Spanish context. Design/methodology/approach For this purpose, different items that are considered by Eurostat as elements of housing deprivation are used. The difference generalized method of moments estimator is used for 16 Spanish regions that comprises the period from 2013 to 2019. Findings The results suggest that certain structural and environmental elements of housing are positively associated with crime: space (0.5% and 0.4%) and high housing expenditure (0.4% and 0.5%) are positively correlated with the two dependent variables; the lack of light and overcrowding stand out as they establish a positive and statistically significant association with four out of the six analyzed crime categories; the absence of lighting effect reaches up to 1.8% and 1.7% in the case of violent robberies and vehicle theft, respectively. Finally, pollution is negatively associated with robbery with violence (−1.9%), theft (−0.7%) and robbery with force (−0.5%). Originality/value To the best of the author’s knowledge, this is the first study that examines whether this deterioration of the physical conditions of housing has impacted the level of crime in Spain. It is also pioneering at the European level by using nonmonetary dimensions of inequality such as housing.

Study and analysis of Hate Crimes in Spain (2013-2020)

Introduction: In this article, we analyze the evolution of hate crimes in Spain from 2013 to 2020. Hate crimes are based on the relationship between racism and fear, shaped by a social and economic rejection based on race-ethnic identity, religion, sexual orientation-identity, sex/gender, and social class. Method: These crimes are examined by type and population affected with the figures obtained from the reports of the Ministry of the Interior of the Report on the Evolution of hate crimes. The methodology used has been a critical documental analysis of sources and data to reveal an X-ray of hate crimes within Spanish society and in comparison, to the European Union. The typology of the crimes is identified and analyzed. Results: The results indicate an overall increase in such crimes, particularly in five autonomous communities, with a significant increase in crimes motivated by sexual orientation and identity. Moreover, the data shows a significant increase in certain crimes related to the COVID-19 pandemic. Conclusions: Further training for law and health officials is required to improve the precision of the registry, cataloguing and data generation in order to identify trends. In addition, pedagogy for the general population is necessary to create awareness of these crimes to the public.

Sexual consent in the Spanish Criminal Code: shadows of its political and legal construction through the Law on the Comprehensive Guarantee of Sexual Freedom

The criminal regulation of sexual crimes in Spain has recently been modified in order to include a consent-based definition of rape. From a feminist framework, this socio-legal research calls this criminal reform into question. Specifically, the main objective is to study the potentialities and constraints of the legal element of sexual consent to meet women's lived experiences and their ways of performing gender. Drawing on the works of feminism and legal feminism of the last century that dismantled heteropatriarchal sexual politics, as well as relying on current feminist approaches to consent, I expose the shadows, grey areas, and deep-rooted assumptions that underlie the political-legal construction of this hackneyed concept. To do so, I primarily use Carol Bacchi's critical policy analysis in order to explore the Spanish criminal policy discourse concerning this penal modification. In my analysis I examine the preparatory works of the legislative amendment as well as selected oral debates held in the Congress of Deputies and in the Equality Commission. The main findings show how this policy contradicts and collides head-on with many foundational contributions of feminist theory in relation to sexual violence. Nonetheless, relying on broader historical discourses of human rights and international law and repeatedly alluding to the feminist social movement, as well as due to the functionality of the modern notion of consent in a neoliberal system, this legislative amendment enjoys a high level of acceptance.

Los retos de la criminalidad organizada en España

The article describes the most pressing challenges of organized crime in Spain as a significant country in the development of many of the illegal markets taking place in Europe. First, it analyses the sustained growth of the two largest illicit markets as a particularly alarming trend. Secondly, it explains the development of organized criminal activities through the network and new technologies, as well as the sale of illegal products using cryptomarkets and more superficial sales platforms that have grown considerably thanks to the Covid-19 pandemic. Finally, it assesses the situation in southern Spain related to hashish trafficking is evaluated from the point of view of social and political infiltration that can be recognized with accessible data.

Labour trafficking prosecution: what is not working in Spain?

ABSTRACT Despite being one of the most prevalent manifestations of trafficking in human beings, labour exploitation still results in few convictions. Based on 33 interviews with 28 professionals from the criminal justice system and 5 from the field of labour, this paper analyses the obstacles these professionals face when approaching this crime in Spain as a case study of what may not be working in other Western European countries. The research results point to three types of barriers encountered when dealing with these cases: regulatory; institutional (both pretrial and extra-procedural and during the criminal proceedings themselves); and those related to professionals’ attitudes towards these cases. The difficulties that can be included in each of these areas are identified, and solutions are proposed to overcome them to make the criminal justice system’s response to this crime more effective.

Use of Technological Devices and (Re)victimization in Gender-based Crimes in Spain: A Qualitative Study on Professionals’ Perceptions


 
 
 
 In Spain, compliance with protection orders in gender-based violence crimes are sometimes monitored with electronic devices. The objective of this paper is to analyze the use of electronic devices from the perspective of professionals involved in the assistance of victims. Method: We have carried out in-depth interviews with professionals in the gender-based violence sector in the region of Madrid. In particular, 59 workers (n=59), such as lawyers, social workers, psychologist, police officers, etc., have been interviewed. Results: From the perspective of the professionals electronic devices do not contribute to the well-being of the victims, but revictimizes survivors who wear the device. Moreover, these devices might be counterproductive because they could reduce the fear of crime but does not decrease real vulnerability.
 
 
 

The reparation of damages to the victim of the crime in Spain vs Ecuador

Reparation of damages is an obligation of the State, whose fundamental objective is to return the victim to the moment in which he/she was before the violation of his/her rights, for which reason measures have been developed to repair the damages caused, which will depend on whether they are of a material or immaterial nature. The general objective of this article is to analyze, comparatively and critically, the comprehensive reparation of damages as a criminal legal institute, which is regulated in Spain and Ecuador, respectively. In order to achieve the research result, research methods such as literature review, historical-logical, documentary analysis and inductive-deductive methods have been used, which have allowed us to confirm that the two forms of legal regulation of reparation comply with the purpose of helping to repair the damages to the victims of crimes, however, more mechanisms should be developed to compensate the damage through the Administration of Justice and to comply with the duty to protect the fundamental rights that as human beings belong to us.

The Wolf-Pack Case and the Reform of Sex Crimes in Spain

AbstractThe controversial trial of five men accused of gang-raping a young woman during the 2016 San Fermín festival and their conviction not for rape, but for a lesser crime of sexual abuse in 2018, known as La Manada (the Wolf-Pack) case, brought the Spanish law under intense public scrutiny. The case led to an outpouring of protests across the country and called for the urgent reform of rape laws, which then led to the drafting of new provisions to address the outcry. To set the analysis in the context of feminist activism, this Article is organized around the hashtags used during the protests. Accordingly, this Article examines three aspects of considerable debate: Namely the distinction between sexual abuse and rape (“it’s not abuse, it’s rape!”), the murky legal understanding of consent (“only yes is yes”), and the introduction of the gender perspective in the legal system (“sister, I believe you”). By addressing these issues, this Article demonstrates the pervasive influence of feminism over recent Spanish law-making, and the continued resistance which such efforts meet. This Article concludes by scrutinizing this effect and examining the conditions under which a civil society network may succeed in challenging socially outdated legal provisions.

Money Laundering and Tax Crimes in Spain: Doctrine and Jurisprudence

AbstractAs regulated in Spanish law, money laundering requires a prior illicit activity that has generated the assets that are the subject of laundering. One of the subjects that has been deeply discussed in recent years by certain doctrinal sectors, even with support in various jurisprudential rulings, has been the suitability of crimes against the Public Treasury, especially tax fraud, as the prior offence underlying money laundering. Thus, it has been debated whether the tax offender carrying out one of the activities typified in the Criminal Code (acquiring, possessing, using, converting or transmitting assets) automatically commits a type of money laundering. In that case, it would become an automatic and inevitable consequence of the tax crime itself. If, on the contrary, some other component must be required (essentially through the subjective elements of the unjust) to determine the existence of a second crime, that of money laundering, the prohibition of non-bis in idem confronts us, to a greater or lesser extent. Furthermore, doctrinal approaches and some judgements of the Spanish highest courts have generated a reinterpretation of the criminal law that fits badly with the principles of criminality. Nor is it easy to delineate the assets that are the object of the tax offence that may be subject to laundering, since, by definition, they are assets that were originally in possession of the offending subject and, besides, they are pecuniary obligations. To that extent, the presumption of innocence could, in many cases, determine the exoneration of the suspect.

Russian Organised Crime in Catalonia and Its Prevalence

Russian organized crime is active at the transnational level, where crimes could be committed on the territories of different countries. Spain, due to it specific features, is a rather attractive ground for illegal activities of many criminal organizations, including groups formed by citizens of the ex-USSR states. Organized crime in Spain is not distributed evenly throughout its territory, but is rather concentrated in most socially and economically developed areas, and the autonomous community of Catalonia is now holding the second place by the number of officially registered crimes. Its developed infrastructure makes it possible for organized crime, including Russian organized crime, to increase its activities in this autonomous community. The author notes that Spanish criminology faces certain difficulties, some of them methodological in nature, when studying the activities of Russian organized crime in Spain. This circumstance does not make it possible to fully implement research findings regarding its criminal nature. The author presents general characteristics of Russian criminal groups. They are shown to have a high degree of organization, and specific types of criminal activities connected with their antisocial orientation are described. It is rather often that Russian criminal organizations attract a great deal of mass media attention, which creates the impression that they are wide-spread. In Spain, any criminal organization created by citizens of the ex-USSR states is defined as «Russian mafia». However, in spite of considerable media coverage, the degree of Russian organized crime’s presence on the territory of Catalonia should not be overstated. Using the analysis of official data from the Catalan Department of the Interior, the author concludes that Russian organized crime does not hold a dominant position in the overall structure of organized crime in the region as its specific weight does not exceed 2 %.

Airbnb and crime in Barcelona (Spain): testing the relationship using a geographically weighted regression

ABSTRACT The existence of works proving the possible relationship empirically that Airbnb lodgings could have with crime in Spain is not known. This research analyzes the relationship between Airbnb lodgings and crimes against the properties and people in Barcelona’s neighbourhoods. To achieve this, we use an ordinary least squares regression model and a geographically weighted regression model. The results show a significant and positive relationship between the higher density of Airbnb lodgings and the higher crime rates in the neighbourhoods, especially of patrimonial nature. Divided by type of leased space, the Airbnb homes, in which the guest shares a room with other guests, show a higher relationship with crimes against property and people. The results of the local model show a spatial heterogeneity in all variables used, indicating the need to address non-stationary spatial processes that reveal hidden patterns. However, the only variable that shows statistically significant local variability is the total Airbnb lodgings variable. Finally, we discussed some unexpected results, proposing some future lines of research.

Corrections and Crime in Spain and Portugal during the Covid-19 Pandemic: Impact, Prevention and Lessons for the Future

ABSTRACT This paper analyzes the impact that the Covid-19 pandemic has had on corrections and crime in the southern region of Europe formed by Spain and Portugal. The main mechanisms of transmission of Covid-19 are the physical proximity between people and the fact of sharing eventually infected targets. In prisons and other correctional contexts people live in close proximity and share the same facilities. As a result, the correctional context has proven to be a critical “hot spot” for the transmission of the Covid-19 pandemic in inmates and correctional staff. First, the magnitude of the infection and their associated health and psychosocial problems (prison incidents, social isolation…) are described. Second, the main sanitary, social, and correctional measures applied to prevent contagion and their related damages are presented (lockdown, use of communication technologies with families, etc.). Third, it is analyzed whether there has been a relationship between the confinement caused by the pandemic and the crime rates observed in Spain and Portugal during this same period. Finally, from the impact in corrections of pandemic and the actions taken to fight it, several important lessons are derived for the future improvement of correctional systems.

The Silence of Others: A conversation with the filmmakers

The Silence of Others comes back to a past that doesn’t pass: how the Franco dictatorship (1936–1975) has shaped Spain and how the period that followed, the “transition,” has led to a conflicting collective memory by silencing the victims. Seven years in the making, The Silence of Others, Almudena Carracedo and Robert Bahar’s documentary, follows an unfolding lawsuit launched by a group of victims and survivors determined to seek justice. Unable to prosecute their crimes in Spain, they decided to turn to Argentina with the hope that a judge could apply the principle of universal jurisdiction to open an investigation. Almudena Carracedo and Robert Bahar agreed to talk to Violence about their film and its reception in Spain and abroad, and about how art could pave the way to exiting violence.

Models of the Pre-Procedural Level of Investigation of Economic Crimes: Spanish Experience

Pre-procedural or non-procedural activities for the investigation of economic crimes are the activities to investigate crimes committed in the sphere of economy that are carried out before the initiation of criminal proceedings. In Spain, it is entrusted to the following state bodies: the judicial police, the prosecutor's office, and administrative bodies. The choice of the pre-procedural model of investigating an economic crime in modern Spain is subject to a variety of factors, including the specifics of interpersonal relations that have developed between law enforcement officials. The distinctive features inherent in the Spanish pre-procedural activity in the investigation of economic crimes are its spontaneity and the lack of uniformity in the procedure for its conduct. In particular, there is no legal certainty as to who decides on the commencement of pre-procedural activities to investigate an economic crime, as well as orderliness in who is assigned the main responsibility in the direction of its progress. The non-procedural investigation of economic crimes in Spain is carried out in accordance with the models that were gradually introduced into practice through the generalization of the customs of professional activities of law enforcement agencies that are understandable only to the staff of the bodies considered in the article. In modern times in Spain, four non-procedural models of the investigation of economic crimes with different constituent composition have been formed. In this case, it is impossible not to note the role of the administrative bodies in the investigation of economic crimes. Some Spanish researchers refer it to a separate investigation model, since it has its own order and dynamics. At the same time, the models under consideration are increasingly moving away from the order of investigation established by law, which calls into question legal security and creates a threat to the principle of legality. Within the framework of the projects on the reform of criminal justice in Spain, it is proposed to assign the responsibility for investigating criminal cases, particularly for economic crimes, to the prosecutor and the judge responsible for ensuring procedural guarantees. However, the feasibility of this project, even in the opinion of the Spanish researchers themselves, is questionable. In this regard, the authors in this article consider not only the positive aspects of each non-procedural model for the investigation of economic crimes in Spain, but also their shortcomings.

A COMPARATIVE LEGAL ANALYSIS OF THE PROVISIONS CRIMINALIZING SEXUAL CRIMES IN RUSSIA AND SOME EUROPEAN COUNTRIES

The article is devoted to a comparative legal study of the norms providing for criminal liability for sexualcrimes in the Russian Federation and some European countries. Some features of criminal liability for thisgroup of crimes in Spain, France, Israel, Norway, Sweden, Switzerland are investigated. It is noted that theapproach to differentiation for violent sexual crimes in different countries is different. Several qualifyingcircumstances were noted that could be borrowed to improve our legislation. These include: the commissionof the alleged assault, by a relative, relative or relative by virtue of adoption, or by any other person havingauthority over the victim; if the victim has come into contact with the perpetrator of criminal acts throughthe use of telecommunication networks; if the act is committed by several persons acting as performersor accomplices; using his official position. The rule that if two or more of the qualifying circumstances arepresent is assessed, the penalty is imposed closer to the upper limit of the sanction. It is proposed to carry out an additional analysis of the ban on disclosing the person’s name or any other data that may indicatethe person as a victim or as having lodged a complaint that he is a victim of a crime against sexual freedomor sexual integrity. Attention is also drawn to sanctions for the group of crimes under consideration. In theRussian criminal law they are more humane than in foreign countrie

FREEDOM OF EXPRESSION IN SOCIAL MEDIA AND CRIMINALIZATION OF HATE SPEECH IN SPAIN: EVOLUTION, IMPACT AND EMPIRICAL ANALYSIS OF NORMATIVE COMPLIANCE AND SELF-CENSORSHIP

The popularization of social media as a forum for the expression of ideas and for political debate has increased in recent years the, always present, tension between freedom of expression and public control of offensive or dangerous speech. Many democratic states criminalise hate speech and other types of offensive expression, and now are social Media themselves that can exercise prior censorship over content on the basis of similar rules but much more restrictive and ambiguous. Combining normative analysis with empirical methodologies, this paper analyses, focusing on Spain, the implications that Criminal laws and "community guidelines" have on citizens' decisions to express themselves freely, which is fundamental for the configuration of a real democracy. It is made up of two studies: the first traces the evolution of judicial resolutions in Spain that prosecute possible crimes of terrorism and hate for political expression on social networks, as a result of the popularisation of these since 2014 in concurrence with a broad and ambiguous legislation. The results show a significant growth of state control over expressions that are essentially offensive but that, in most cases, do not represent a clear and present danger and could go beyond the doctrine of the ECHR. In the second part, an empirical study is carried out to analyse how the existence of hate speech crimes and social media rules affects the decision to express political ideas on social networks or to self-censor. The results show that a large part of the sample is self-censoring but that criminal law and content rules, in particular the severity of the law and the certainty that it is applied, do not have a direct effect on the decision to express ideas on the Internet, while the social perception of what others do is decisive. It is discussed how this calls into question the legitimacy of the evident limitation of freedom of expression of some crimes in Spain.

Homicide Profiles Based on Crime Scene and Victim Characteristics.

One of the current trends in homicide research includes developing works based on scientific study and empirical evidence, which offer conclusions that can be used in an operational manner during police investigations. The objective of this study was to identify homicide characteristics from behaviors carried out on the crime scene and victim characteristics associated with those of the perpetrators of these crimes in Spain. The sample consisted of 448 homicide cases from the database of the Homicide Revision Project led by the Office of Coordination and Studies of the Secretary of State and Security. After creating six classification tree models, it was found that the modus operandi of the aggressor and the victim characteristics may permit hypothesizing about the demographic characteristics of the perpetrator (gender, age, and country of origin), his/her criminal record, and the type of relationship with the victim. Furthermore, the importance of the study of victimology during a criminal investigation is highlighted, as it may indirectly offer information about the potential perpetrator. The findings of this study suggest that criminal profiling contributes notably to the decision-making process to establish more rigorous suspect prioritization, improve the management of human resources and materials, and increase the efficiency of criminal investigations.

Russian Organised Crime in Spain: Its Criminal Law Treatment and some Criminological Considerations Regarding its Characteristics and Prevalence

The present article describes organised criminality in Spain from a criminal law and criminological perspective. Special emphasis is placed on the problem of organised Russian criminality and its increasing media impact is highlighted. A description of Russian organised crime is provided, which considers some of the organisational characteristics and the criminal activity conducted. In addition, analysis of police data evaluates its impact on the overall context of organised crime groups which operate in this country. It is emphasized that despite the notorious presence of Russian criminal organisations, these do not constitute the main actors in the criminal landscape.

Jihadism and crime in Spain: A convergence settings approach

This article explores the melting pot of jihadists and criminals that has featured in some of the most significant jihadist attacks and plots foiled in Spain over the last 15 years. Applying Felson’s offender convergence settings theory to this case, we argue that the confluence of criminality and jihadism observed in other European contexts has also been present in the Spanish case. Individuals with criminal pasts have utilized their skills for terrorist attacks, a variety of forms of crime have been used to fund terrorism, and certain settings such as prisons have facilitated the convergence between criminals and jihadists and enabled a process of identity transition.