Legal Protective Measures and Securing Financial Liability in Criminal Cases

Non-Custodial Protective Measures in Criminal Law

These protective measures differ significantly from detention and probation. They are levied on legal interests that do not affect the freedom of movement, yet they are distinct from punitive measures, involving different legal goods and interests.

Temporary Deprivation of Driving License

Once the court has filed a complaint against an individual for acts committed in connection with the driving of motor vehicles, the judge may, at their discretion, order the provisional deprivation of the driving license for such vehicles, especially if the accused is on conditional release status.

This measure must be reported to the Department of Traffic, which issued the license, ensuring that no replacement license is issued during the duration of the measure. Furthermore, there is a formal requirement that the accused abstains from driving motor vehicles while the measure subsists, with a warning that failure to comply could constitute the serious crime of disobedience to authority. This measure may be granted ex officio by the judge without requiring a request from the parties.

Suspension of Public Office

The Criminal Procedure Code (CPP) provides for the automatic suspension of public offices or functions when the accused is on trial for crimes committed by armed gangs or terrorist groups. Further provisions regarding suspension are set forth in the Organic Law of the Judiciary (LOPJ).

Securing Pecuniary Liabilities in Criminal Proceedings

Measures aimed at securing pecuniary responsibilities, often referred to as liability insurance, cover several aspects:

• The return of property.
• Compensation and reparation for injury and damage.
• Payment of court costs.

The primary purpose is securing the pecuniary liabilities arising from the crime. The amount to be secured is initially fixed by the examining magistrate in the judicial order. This amount may be increased or decreased throughout the process, depending on the evolving assessment of the potential liabilities.

The Bond (Bail or Surety)

The bond is a direct means of securing the immediate availability of money or easily realizable movable or immovable assets of known value. Security can be provided directly by the obligated party or by a third person on their behalf, through collateral or mortgage.

The judge requires an assessment of the sufficiency of the bond in the judicial order. Personal security (guarantees) may also be provided by individuals meeting established standards of conduct in Spain.

Attachment (Embargo)

Attachment is a subsidiary measure to the bond. It is only necessary to seize assets belonging to the responsible person if they fail to provide the required bond within the stipulated period (usually 24 hours).

The Provisional Allowance

In proceedings for offenses arising from the use and circulation of motor vehicles, the judge may decide to grant an interim allowance deemed necessary to support the victim and their dependents.

Procedure for Security Measures

The procedure for establishing a security measure or a precautionary measure begins with a judicial order setting the amount to be secured. This order mandates the provision of the guarantee or an alternative measure.