SPAIN Law and Practice Contributed by: Gabriel Rodríguez-Ramos, RODRIGUEZ RAMOS ABOGADOS
• The jurisdiction to prosecute crimes com - mitted in Spanish territory or committed on board Spanish vessels or aircraft (respecting provisions of international treaties to which Spain is a party). • The jurisdiction to prosecute crimes commit - ted abroad by Spanish citizens if (cumulative): (a) the act is punishable in the place of execution; (b) the aggrieved party or the Public Pros - ecutor’s Office files a complaint before the Spanish courts; and (c) the offender has not been acquitted, pardoned, or punished abroad, or, in the latter case, has not served the sentence. If the sentence has only been partially served, it shall be taken into account proportionally reducing the corresponding sentence. • The jurisdiction to prosecute crimes commit - ted abroad by any person of any nationality: (a) against Spanish interests and Constitu - tional order: (i) treason and crimes against the peace or independence of the state; (ii) against the holder of the Crown, their Consort, their Successor, or the Regent; (iii) rebellion and sedition; (iv) forgery of the royal signature or seal, the sate seal, the signatures of Min - isters, and public or official seals; (v) counterfeiting of Spanish currency and its issuance; (vi) assaults against Spanish authorities or public officials; (vii) those committed in the exercise of their functions by Spanish public officials residing abroad and crimes against the Spanish Public Adminis - tration; and (viii) those related to foreign exchange
control; (b) against international order (some condi - tioned): (i) genocide, crimes against humanity, or against persons and property pro - tected in cases of armed conflict; (ii) crimes of torture and against moral integrity; (iii) crimes of enforced disappearance included in the International Conven - tion for the Protection of All Persons from Enforced Disappearance, made in New York on 20 December 2006; (iv) crimes of piracy, terrorism, illegal trafficking of toxic drugs, narcotics, or psychotropic substances, hu - man trafficking, crimes against the rights of foreign citizens, and crimes against maritime navigation safety committed in marine areas, in the cases provided for in treaties ratified by Spain or in regulatory acts of an international organisation of which Spain is a member; (v) terrorism; (vi) crimes contained in the Convention for the Suppression of Unlawful Sei - zure of Aircraft, done at The Hague on 16 December 1970; (vii) crimes contained in the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, done in Montreal on 23 September 1971, and in its Additional Protocol done in Montreal on 24 February 1988; (viii) crimes contained in the Convention on the Physical Protection of Nuclear Material done in Vienna and New York on 3 March 1980; (ix) illegal trafficking of toxic drugs, nar -
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