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...A punishment by imprisonment from five to ten years and a fine of eighteen to twenty- four months shall be handed down to whoever carries out, procures or facilitates any deed of collaboration with the activities or purposes of a terrorist organisation or group or to commit any of the criminal offences comprised in the Chapter... We are Terrorism Lawyers in Spain
1. The commission of any serious criminal offence against the life or physical integrity, liberty, moral integrity, sexual freedom and indemnity, the heritage, natural resources or the environment, public health, of catastrophic risk, arson, against the Crown, of attack with a weapon or the holding, trafficking and depositing of weapons, ammunition or explosives, foreseen in this Code, and the seizure of aircraft, ships or other means of collective transport of persons or goods, shall be deemed criminal offences of terrorism if they are carried out for any of the following purposes:
1. Subverting the constitutional order, or suppressing or seriously upsetting the functioning of the political institutions or the State’s social or economic structures or of obliging the public authorities to carry out a deed or to abstain therefrom;
2. Gravely altering the public peace;
3. Seriously upsetting the functioning of an international organisation;
4. Provoking a state of terror amongst the population or part thereof.
2. The computer criminal offences defined in Articles 197 bis and 197 ter and 264 to 264 quarter shall also be deemed terrorist criminal offences if the deeds are committed for some of the purposes indicated in the preceding Section.
3. The other criminal offences defined in this Chapter shall also be deemed terrorist criminal offences.
1. The criminal offences of terrorism to which Section 1 of the preceding Article refers shall be punished with the following penalties:
1. Sentence of imprisonment of the maximum duration foreseen in this Code if the death of an individual ensues;
2. Sentence of imprisonment from twenty years to twenty-five years if, in cases of kidnapping or unlawful detention, the whereabouts of an individual are not provided;
3. Sentence of imprisonment from fifteen to twenty years if an abortion as defined in Article 144 follows or if the bodily harm defined in Articles 149,150,157 or 158 ensues or the kidnapping of an individual or the widespread damage or fire as foreseen in Articles 346 and 351, respectively, ensue.
4. Sentence en imprisonment from ten to fifteen years if any other bodily damage is caused or if an individual is unlawfully detained or is threatened or coerced.
5. And with the penalty foreseen for the criminal offence perpetrated in the upper half, even including the one higher in degree, if any of the criminal offences to which Section 1 of the preceding Article is involved.
2. The penalties shall be imposed in the upper half if the deeds are perpetrated against the persons mentioned in Section 3 of Article 550 or against members of the Police and Security Forces, the Armed Forces or public officials in the prison service.
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1. Depots of arms or ammunition or possession or storage of explosive, flammable, incendiary or asphyxiating substances or devices, or of the components thereof, as well as their manufacture, trafficking, transport or supply in any way, or merely placing or using those substances or the appropriate means or devices, shall be punished with a sentence of imprisonment from eight to fifteen years when those acts are committed for any of the purposes described in Section 1 of Article 573.
2. The penalty of imprisonment from ten to twenty years shall be imposed if nuclear, radiological, chemical or biological weapons, substances or devices are involved or any other with a similar destructive capacity.
3. Whoever develops chemical or biological weapons or seizes, possesses, transports, provides to others or manipulates nuclear materials, radioactive elements or material or equipment producing ionizing radiation with the purposes described in Section 1, shall also be punished with a sentence of imprisonment from ten to twenty years.
1. Whoever with the purpose of becoming skilled in carrying out any of the criminal offences defined in this Chapter were to receive military or combat indoctrination or training or in techniques to develop chemical or biological weapons, or to elaborate or prepare explosive, inflammable, incendiary or suffocating substances or devices or specifically directed at facilitating the commission of such criminal offences shall be punished with a sentence of imprisonment from two to five years.
2. The same punishment shall be imposed on whoever, with the same purpose of becoming skilled in the perpetration of any of the criminal offences described in this Chapter, carries out by himself any of the activities foreseen in the previous Section.
It shall be deemed that this criminal offence is committed by whoever, with the same purpose, habitually accedes one or more communication services accessible to the public online or to contents accessible via the Internet or to an electric communication service whose contents are directed at or are appropriate for inciting to joining a terrorist organisation or group or to collaborate with any of them or with the purposes thereof. The deeds shall be construed as committed in Spain if access to the contents thereto has been secured within Spanish territory.
Likewise, it shall be deemed that this criminal offence is committed by whoever, with the same purpose, acquires or has in his possession documents directed at or that, due to the content thereof, are appropriate to incite to join a terrorist organisation or group or to collaborate with any of them or with the purposes thereof.
3. The same penalty shall be imposed on whoever, for the same purpose, or to collaborate with a terrorist organisation or group or to perpetrate any of the criminal offences comprised within this Chapter, were to travel to or secure abode in a foreign territory controlled by a terrorist organisation or group.
1. Whoever by any means, directly or indirectly, collects, acquires, possesses, uses, converts, conveys or carries out any activity with goods or securities intending them to be used, or knowing they shall be used, fully or partially to commit any of the criminal offences included in this Chapter or to deliver them to a terrorist organisation or group, shall be punished with a prison sentence of five to ten years and a fine from three to five months the value thereof.
2. Should the goods or securities actually be put at the disposal of the offender of the criminal offence of terrorism, the higher degree penalty may be imposed. Should they eventually be used to execute specific acts of terrorism, the deed shall be punished as co-perpetration or complicity, as appropriate.
3. In the case that the deed to which Section 1 refers has been carried out attacking the heritage or by extortion, documentary forgery or through the commission of any other criminal offence, the latter shall be punished with the higher degree penalties applicable, apart from imposing, in addition, the penalty foreseen in the preceding Sections.
4. Whoever, being specifically obliged by law to collaborate with the authorities in the prevention of terrorism financing activities, gives rise, due to gross negligence in the fulfilment of those obligations, to any of the conducts described in Section 1 not being detected or prevented, shall be punished with a penalty lower in one or two degrees to that foreseen herein.
5. If, pursuant to the terms established in Article 31 bis of this Code, a legal person is responsible for the criminal offences defined in this Article, it shall have the following penalties imposed thereon:
a) Fine from two to five years, if the criminal offence committed by a natural person has a punishment of imprisonment foreseen exceeding five years;
b) Fine from one to three years, if the criminal offence committed by a natural person has a punishment foreseen of more than two years’ custodial sentence not included in the preceding Sub Section.
Pursuant to the rules established in Article 66 bis of this Code, the Judges and Courts of Law may also impose the penalties established in Sub-Paragraphs b) to g) of Section 7 of Article 33.
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1. A punishment by imprisonment from five to ten years and a fine of eighteen to twenty- four months shall be handed down to whoever carries out, procures or facilitates any deed of collaboration with the activities or purposes of a terrorist organisation or group or to commit any of the criminal offences comprised in the Chapter.
Deeds of collaboration include information on or surveillance of persons, property or installations; construction, conditioning, assignment or use of accommodation or storage facilities; concealment, hosting or transport of individuals related to terrorist organisations or groups; organisation of training practices or attending them, the provision of technological services and, in general, any other equivalent form of co-operation or assistance with the activities of terrorist organisations or groups or with persons to which the preceding Paragraph refers.
When the information or surveillance of persons mentioned in the preceding Paragraph endangers the life, physical integrity, liberty or property thereof, the punishment shall be imposed as foreseen in Section 1, in the upper half. Should any of these legal goods be affected the deed shall be punished as co-perpetration or complicity, as appropriate.
2. The penalties foreseen in the previous Section shall be imposed on whoever carries out the recruiting, indoctrination or training activities directed at or that, due to the contents thereof, are appropriate to incite joining a terrorist organisation or group or to perpetrate any of criminal offences comprised in this Chapter.
The penalties shall be imposed in the upper half and may even one degree higher, if the deeds foreseen in this Section have been directed at minors or persons with disabilities requiring special protection or at women trafficked with the purpose of converting them into spouses, partners or sex slaves of the perpetrators, in addition to imposing the penalties for the criminal offences against sexual freedom perpetrated.
3. If the collaboration with the activities or the purposes of a terrorist organisation or group or the perpetration of any of the criminal offences comprised in this Chapter has occurred due to gross diligence the penalty of six to eighteen months of imprisonment and a fine from six to twelve months shall be imposed.
1. Public praise or justification of the criminal offences comprised in Articles 572 to 577 or of those who have participated in the perpetration thereof or the perpetration of deeds that involve discredit, disdain or humiliation of the victims of terrorist criminal offences or the relatives thereof shall be punished with a penalty of one to three years’ imprisonment and a fine from twelve to eighteen months. The judge may also order in the sentence, during the period he may indicate, any or some of the prohibitions foreseen in Article 57.
2. The penalties foreseen in the previous Section shall be imposed in the upper half when the deeds have been carried out through the dissemination of services or contents accessible to the public through the media, the Internet, or electric communication media or using information technologies.
3. If the facts of the case, in the light of the circumstances, are capable of gravely altering the public peace or of generating s serous feeling of insecurity or fear in society or part thereof the penalty shall be imposed in the upper half and may be increased until the higher degree penalty.
4. The judge or court shall order the destruction, erasure or disablement of the books, archives, documents, articles or any other supporting material of the medium through which the criminal offence was committed. If perpetrated using information and communication technologies the withdrawal of the contents shall be ordered.
If the facts have been perpetrated through services or contents accessible via the Internet or electronic communication, the judge or court may order the providers of hosting services to withdraw the unlawful contents, for search engines to removes the links directing to them and to the providers of electronic communication services to impede access to the unlawful contents or services provided any of the following circumstances concurs:
a) If the measure is proportionate in the light of the circumstances and of the importance of the information and necessary to avoid the dissemination thereof;
b) If exclusively or mainly the contents to which the preceding Sections refer are disseminated.
5. The measures foreseen in the previous Section may also be ordered by the investigating judge as a precautionary measure during the investigation of the case.
1. Whoever, through any medium, publicly disseminates messages or instructions whose purpose is to incite or that due to the contents thereof may incite the commission of any of the criminal offences comprised in this Chapter shall be punished with the penalty lower in one or two degrees to that foreseen for the relevant criminal offence.
2. The same penalty shall be imposed on whoever publicly or before several people, incites others to perpetrate any of the criminal offences of this Chapter, as well as on whoever solicits a person to commit any such a criminal offence.
3. The remaining deeds of provocation, conspiracy and proposition to commit any of the criminal offences foreseen in this Chapter shall be punished with the penalty lower in one or two degrees to the one established for the deeds foreseen in this Chapter.
4. In the cases foreseen in this Article, the judges and courts may adopt the measures foreseen in Sections 4 and 5 of the preceding Article.
1. Those responsible for the criminal offences foreseen in this Chapter, without prejudice to the relevant penalties under the preceding Articles, shall also be punished with the penalty of absolute barring and special barring from an educational profession or activity, in the teaching, sport and free time spheres, for a time exceeding that of the term of the custodial sentence duly imposed in the judgment by six to twenty years, proportionally in view of the seriousness of the criminal offences, the number committed and the circumstances of the criminal.
2. Those convicted to serious custodial sentences for one or more criminal offences included in this Chapter shall also have a measure of probation from five to ten years imposed, and one to five years if the sentence of imprisonment is less serious. Notwithstanding the foregoing, in the case of a single criminal offence that is not serious committed by a first time offender, the Court of Law may hand down the probation measure or not, in view of the lesser or greater dangerousness of the offender.
3. In the criminal offences foreseen in this Subchapter, the Judges and Courts of Law may impose, giving the reasons in the judgement, a punishment lower by one or two degrees to that set down for the criminal offence concerned, when the subject has voluntarily quitted his criminal activities and has appeared before the authorities to confess the deeds in which he has participated and has also collaborated actively with the authorities to prevent the criminal offence taking place or effectively aids the obtaining of decisive evidence to identify or capture the others who are responsible, or to prevent the activity or development of the terrorist organisations or groups to which he has belonged, or with which he has collaborated.
4. The Judges and Courts of Law may, giving the reasons, in the light of the specific circumstances, impose a penalty lesser in one or two degrees to those set out in this Chapter for the relevant criminal offence, if the deed is objectively of lesser importance, in view of the method employed or the result produced.
In all criminal offences of terrorism, a conviction by a foreign judge or court shall be equivalent to judgements by Spanish judges or courts for the purposes of application of the aggravating circumstance of recidivism.
Together our experienced and talented Terrorism Lawyers in Spain, work to ensure the firm’s clients receive the best possible result.
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