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José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 6081
Experience:  Spanish Attorney
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Once a charge of rape has been made in a spanish court, can

Resolved Question:

Once a charge of rape has been made in a spanish court, can it be withdrawn and would we have to return to spain to do that.
Submitted: 2 years ago.
Category: Spain Law
Expert:  José M. replied 2 years ago.
José M. :

Hi there, the victim has the right to put the charge and withdraw it as some many times as she wants. Is a right of this criminal offence.

José M. :

Is not matter that the prosecutor was there, you need to have your own lawyer and procced with him

José M. :

Thank you

José M. :

Please ask if you need more help

Customer:

Thank you. Do we have to return to spain to instruct a lawyer, or can this be done from the UK?

José M. :

You can start with a power of Attorney, but you will be called to testify quickly. I think is better to start here in Spain, declare, and go back until needed and called to court

José M. :

Thank you

Customer:

So it would be necessary to go to spain twice - once to withdraw and then to go to court? Would the second one also involve the boy being present??

José M. :

Yes endeed

José M. :

You willbe call to court several times, some times you could manage with the atorney but is sure you will have to come several times

Customer:

Why would it be so complex to withdraw a case when it is the victims right? She is keen not to let this become a major part of her life and was hoping to avoid this.

José M. :

I know is hard, but it is the way it works here

Customer:

OK. Thats not good news, but thank you for your help.

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