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José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 6296
Experience:  Spanish Attorney
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A friend of mine was arrested on arrival in Spain in June 2012.

Customer Question

A friend of mine was arrested on arrival in Spain in June 2012. He wasput in a spanish jail for six months before being released on bail where he has been ever since. The charges against him are for alleged money laundering to which he protests his innocence most vigorously.
Under the terms of his bail he is not permitted to leave the country without the permission of the court. They have granted this twice so far, once on the death of his son and again on the death of his mother in law. On each occasion he has complied with the very strict conditions imposed by the court and has complied in every way possible with their requirements. Yet he is not permitted to leave the country even though a trial has not taken place and he has proven that he will return when required to do so.
He has just been notified that the trial is expected to take place in July 2017 some 5 years since he was arrested and more than a year from now. No proof of these alleged activities have been provided and any guilt is assumed by the Spanish authorities. He is clear that he will return to Spain upon request for the trial or any other requirement by the authorities but still they insist that he cannot return home in the meantime.
From the behavior and activities of the Spanish legal system it is by no means clear that any trial will actually take place on the allotted date and it could easily be delayed further if not indefinitely.
My question concerns his legal rights over the length of time he has been prevented from leaving the country, The six months he has already served without trial and the never ending time that he is prevented from returning to his home in the UK. Clearly, his quality of life has been plunged into turmoil. He has lost hi business and has to live in Spain no matter what. He is 69 years old with a heat condition and is becoming very distressed about his circumstances
Is there anything that can be done?
Submitted: 1 year ago.
Category: Spain Law
Expert:  José M. replied 1 year ago.
Hi thereJosé m spanish atorneyHis atorney could ask the court some messures to ensure he could go outThey could put a warrant or explain what they do not accept to let him goOnce they say why do not let him go his atorney could make an appeal againts this decisionIn another way the atorney could demand the court to avoid the messure because that have had a lot of time to make the procedure and it could be considerer an abuse againts his rightsIn all cases, only his atorney could study the case and study if the time and messures are right or they are abusivesis his atorney the one who has to make writting to the court in order to ley him go, even with a warrant.If his atorney is not taking care for him enought my advice is to change himThank you
Customer: replied 1 year ago.
This is not an acceptable answer. and is not clear enough in English! None of the answers given are coherent to pursue any next stepsWho puts a warrant and who explains, do they have to do so?Who are they? The court? the Judge?When you say avoid the measure, which measure is that? bail conditions? you say "could be consider an abuse against his rights" Is it or isn't it? which rights, legal? human?Next paragraph " is his atorney the one who has to make writting to the court in order to ley him go, even with a warrant" doesn't make sense!..Basically, my question is not answered satisfactorily or indeed at all. Please try again and relate it to the question or refund my payment and I will seek it elsewhere
Expert:  José M. replied 1 year ago.
Hi thereI will try to explainThe court is the one who put the measures they consider enought in each caseHis atorney could try to change them if he considers that they are too mucho for the caseIn adition, the court is forced to make the procedure without making unnecesary troubles as they are to prohibit him to goIs just his atorney the one who could ask and demand the court to change the measures and let him go, even whren the court could ask for warranties ( Deposit of money or whatever they coniser enought to be sure he will come when called)Thank you