With the modification of article 23 of Organic Law 6/1985, of July 1, of the Judicial Branch operated by Organic Law 1/2009, of November 3, there was a change in the regulation and approach of the so-called universal justice . To this end, the positive and negative limits of the possible extension of Spanish jurisdiction are specified : it is necessary for the legislator to determine, in a manner adjusted to the tenor of international treaties, which crimes committed abroad can be prosecuted by justice. Spanish and in what cases and conditions . The prosecution of crimes committed outside Spain also has an exceptional nature that justifies that the opening of procedures must be conditional on the presentation of a complaint by the Public Prosecutor's Office or the person aggrieved by the crime. The jurisdiction of the Spanish courts is also negatively delimited, clearly defining the principle of subsidiarity .
In this sense, the jurisdiction of the Spanish courts is excluded when a procedure has already been initiated in an International Court or by the jurisdiction of the country in which they were committed or of the nationality of the person to whom their commission is attributed, in these last two cases, provided that the person to whom the acts are attributed is not in Spain or, while in Spain, is going to be extradited WhatsApp Number List to another country or transferred to an International Court, under the terms and conditions established.In any case, Spanish judges and courts reserve the possibility of continuing to exercise their jurisdiction if the State that exercises it is not willing to carry out the investigation or cannot really do so. The assessment of these circumstances, which due to their relevance will correspond to the 2nd Chamber of the Supreme Court, will be carried out in accordance with the criteria included in the Statute of the International Criminal Court.
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Important Reform of the Bankruptcy LawThis reform proceeds to reinforce the effectiveness of refinancing with the aim of achieving, in addition, that "the remaining debt is bearable, thus allowing the company to CONTINUE meeting its commitments in economic traffic, generating wealth and covering jobs. ».The effectiveness of financing agreements is reinforced by limiting their rescindability and facilitating their constitution, while the suspensive effect of the duty to file for bankruptcy is also reformed, and the filing of the necessary bankruptcy is preclusively avoided within the deadline, and The forceful effect of realization with real guarantees of assets that are necessary for the continuation of business activity is limited.
In this sense, the jurisdiction of the Spanish courts is excluded when a procedure has already been initiated in an International Court or by the jurisdiction of the country in which they were committed or of the nationality of the person to whom their commission is attributed, in these last two cases, provided that the person to whom the acts are attributed is not in Spain or, while in Spain, is going to be extradited WhatsApp Number List to another country or transferred to an International Court, under the terms and conditions established.In any case, Spanish judges and courts reserve the possibility of continuing to exercise their jurisdiction if the State that exercises it is not willing to carry out the investigation or cannot really do so. The assessment of these circumstances, which due to their relevance will correspond to the 2nd Chamber of the Supreme Court, will be carried out in accordance with the criteria included in the Statute of the International Criminal Court.
Important Reform of the Bankruptcy LawThis reform proceeds to reinforce the effectiveness of refinancing with the aim of achieving, in addition, that "the remaining debt is bearable, thus allowing the company to CONTINUE meeting its commitments in economic traffic, generating wealth and covering jobs. ».The effectiveness of financing agreements is reinforced by limiting their rescindability and facilitating their constitution, while the suspensive effect of the duty to file for bankruptcy is also reformed, and the filing of the necessary bankruptcy is preclusively avoided within the deadline, and The forceful effect of realization with real guarantees of assets that are necessary for the continuation of business activity is limited.
Statistics: Posted by sakib1555 — Tue Dec 05, 2023 3:23 am