Universal competence and international criminality as illustrated by the case of Spain Cover Image

Competență universală și criminalitate internațională: ilustrare prin cazul Spaniei
Universal competence and international criminality as illustrated by the case of Spain

Author(s): Luis Jimena Quesada
Subject(s): Constitutional Law, Criminal Law, International Law
Published by: Institutul Român pentru Drepturile Omului
Keywords: democracy; human rights; international criminality; Spanish criminal law;

Summary/Abstract: After a brief presentation of the evolutional stages that marked the consolidation of democracy and human rights in Spain, and the involvement with the universal fight against international criminality, the author largely analyzes the active exercise of the universal jurisdictional competence in fighting international criminality. He refers to the pertinent legislation and the first jurisdictional efforts, while mentioning that the Spanish legislation that institutes a universal competence for international crimes focuses on art. 2.3.4 in the organic Law No. 6/1985 of 1 July on the Judicial Power. This law regulates the competence of the Spanish jurisdiction in term of judging the crimes committed by the Spanish or by foreigners outside the national territory, susceptible to be qualified in conformity to the Spanish criminal law as such crimes as terrorist acts, genocide, piracy and illegal appropriation of aircrafts, forgery of foreign currency, crimes related to prostitution as well as corruption of juveniles or handicapped persons, etc. In this context, he also presents the efforts taken for the consolidation of the jurisprudence engaged in the universal fight against impunity, while in the end he presents a few reflections on a broader openness of Spain in relation to the universal commitments against impunity.

  • Issue Year: 2009
  • Issue No: 2
  • Page Range: 9-16
  • Page Count: 8
  • Language: Romanian