Habeas corpus
Urgent judicial review procedure for detention. Any person illegally detained (without legal cause, incommunicado, subjected to ill-treatment or held beyond the legal time) or someone acting on their behalf may apply. The investigating judge must resolve within 24 hours. Constitutional guarantee under Art. 17.4 CE, developed by Organic Law 6/1984.
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Other Criminal law terms
Circumstance that reduces the severity of the crime and allows imposing the sentence in its lower half. Includes: confession, damage repair, undue delays, drug addiction, kinship and analogous mitigating.
Circumstance that increases the severity of the crime and allows imposing the sentence in its upper half. Includes: treachery, abuse of superiority, disguise, price, discrimination and recidivism.
Benefit allowing suspension of imprisonment not exceeding 2 years (exceptionally 5), conditioned on not reoffending during the fixed period (2-5 years).
Agreement whereby the accused admits the facts and accepts the requested sentence, avoiding trial. In abbreviated proceedings it may be entered at any point before trial. Limit: if the requested sentence exceeds 6 years' imprisonment, the plea is only possible if the court freely accepts it.
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