Discussion in 'Legal Terminology' started by pumpkin77, Dec 19, 2013.

  1. pumpkin77 Senior Member

    Hola a todos,

    al amparo del N⁰ 2 del artículo 849 de la Ley procesal, que conlleva la vulneración de precepto constitucional, al amparo del art. 5.4 de la LOPJ y 852 de la Ley de Enjuiciamiento Criminal por vulneración del art. 24.1 y 2 de la CE , al entender que la cadena de custodia de la sustancia presuntamente incautada no ha gozado de ninguna de las garantías exigidas en el proceso penal.

    Can anyone tell me what "CE" means here? I'm presuming the first letter is "Código...", but after that I'm stumped.

    I'm also trying to figure out whether the Ley procesal and the Ley de Enjuiciamiento Criminal are different... but that's another matter ;)

    Thanks! :)
  2. pumpkin77 Senior Member

    I have just realised that it is referring to the Constitución Española... time for a break I think!
  3. David

    David Banned

    This is the wrong place to answer the latter question, but I believe that the Ley procesal in Spain is in the nature of a Code of Civil Procedure or Civil Procedure Law, and the Ley de Enjuiciamiento Criminal is just what it says, the Law of Criminal Procedure or Criminal Proceedings Law.

    Neither term would have a fixed or standard equivalent in English, but the suggestions would do, I believe.
  4. pumpkin77 Senior Member

    Hi David,

    Thanks for your reply, always much appreciated. That's interesting you think the Ley procesal is talking about a Civil Code (as opposed to Criminal), especially as this regards a criminal case. May I ask what makes you think that? I was about to assume it was a different way of talking about the Ley de Enjuiciamiento Criminal, since google seems to point to this Code when I search for "Ley procesal" in relation to Spain, and looking at the articles it refers to, that would definitely make sense - but I'd certainly like to know if I'm wrong!

    I hope everyone on the forums is looking forward to Christmas and not working too hard ;)
  5. David

    David Banned

    There are several, apparently reliable, descriptions of the Ley procesal as a civil-procedure law available on the net, which is where I confirmed my hunch before replying. The applicability of the statute to penal matters would be a question for a lawyer or informed amateur familiar with the law, which I am not.

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