Post by account_disabled on Mar 13, 2024 5:09:01 GMT -5
The jurisprudence establishes that the main focus lies on whether the perpetrator seeks to intentionally and maliciously attack the sexual freedom of the victim. It is not imperative that the perpetrator pursues a "specifically sexual, dirty or sinful satisfaction" , but it is enough that he intends to attack the sexual freedom of the victim, recognizing the objective social meaning of his sexual conduct. In line with this perspective, it is crucial to address the question of when sexual abuse is considered to have been completed. Here, it is relevant to emphasize that it is not necessary for the action to be directed at specific erogenous zones or have an explicit sexual purpose to be classified as sexual abuse . For example, touching the victim's hair, placing your hands on her waist or attempting to kiss her, if the perpetrator is in physical proximity and there is no consent, may constitute sexual abuse.
Along these lines, it is emphasized again that it is not crucial that the behavior has a "libidinous mood", but rather the determining factor is whether it threatens the "sexual freedom" or "sexual indemnity" of the victim. In Spanish jurisprudence, in particular with what is described in the Judgment of the DJ USA Supreme Court (Chamber II) of July 23, 2019, it has been determined that the libidinous mood is not an absolute requirement for the configuration of a crime of sexual abuse . Although in most cases there may be a spirit of this type, its absence does not exclude the typicality of the behavior. What prevails is that the author is aware of the sexual nature of the act and how it affects the legal right. Having stated this idea, it must be highlighted that the crime, if it was committed, was carried out in Australia . The players from Spain (AP Photo/Rick Rycroft) A question of great importance is whether Spanish criminal judges could investigate and judge the matter. The principle of territoriality is an essential foundation of the criminal legal system, establishing the spatial scope of jurisdiction of the courts and authorities in the prosecution and prosecution of crimes.
In Spain, this principle is regulated in article 23 of the Organic Law of the Judiciary, a provision that includes the criteria to determine when Spanish jurisdiction can extend beyond its borders in the prosecution of crimes committed abroad. The first section of article 23 of the Organic Law of the Judiciary determines that the Spanish jurisdiction has jurisdiction to hear cases of crimes and misdemeanors — it must be taken into consideration that the misdemeanors disappeared with Organic Law 1/2015, many becoming minor crimes, others administrative infractions and others civil offenses - committed in Spanish territory, as well as those committed on board Spanish ships or aircraft . However, international interest and the changing dynamics of global crime have led to consideration of situations in which crimes committed outside Spanish territory may be prosecuted by the Spanish Administration of Justice . In this sense, the second section of article 23 of the Organic Law of the Judiciary contains the conditions under which Spanish jurisdiction can extend extraterritorially to judge crimes committed abroad. Specifically, it is considered that Spanish jurisdiction can be exercised in cases where those responsible are Spaniards or foreigners who have acquired Spanish nationality after the commission of the criminal act, provided that certain requirements are met .
Along these lines, it is emphasized again that it is not crucial that the behavior has a "libidinous mood", but rather the determining factor is whether it threatens the "sexual freedom" or "sexual indemnity" of the victim. In Spanish jurisprudence, in particular with what is described in the Judgment of the DJ USA Supreme Court (Chamber II) of July 23, 2019, it has been determined that the libidinous mood is not an absolute requirement for the configuration of a crime of sexual abuse . Although in most cases there may be a spirit of this type, its absence does not exclude the typicality of the behavior. What prevails is that the author is aware of the sexual nature of the act and how it affects the legal right. Having stated this idea, it must be highlighted that the crime, if it was committed, was carried out in Australia . The players from Spain (AP Photo/Rick Rycroft) A question of great importance is whether Spanish criminal judges could investigate and judge the matter. The principle of territoriality is an essential foundation of the criminal legal system, establishing the spatial scope of jurisdiction of the courts and authorities in the prosecution and prosecution of crimes.
In Spain, this principle is regulated in article 23 of the Organic Law of the Judiciary, a provision that includes the criteria to determine when Spanish jurisdiction can extend beyond its borders in the prosecution of crimes committed abroad. The first section of article 23 of the Organic Law of the Judiciary determines that the Spanish jurisdiction has jurisdiction to hear cases of crimes and misdemeanors — it must be taken into consideration that the misdemeanors disappeared with Organic Law 1/2015, many becoming minor crimes, others administrative infractions and others civil offenses - committed in Spanish territory, as well as those committed on board Spanish ships or aircraft . However, international interest and the changing dynamics of global crime have led to consideration of situations in which crimes committed outside Spanish territory may be prosecuted by the Spanish Administration of Justice . In this sense, the second section of article 23 of the Organic Law of the Judiciary contains the conditions under which Spanish jurisdiction can extend extraterritorially to judge crimes committed abroad. Specifically, it is considered that Spanish jurisdiction can be exercised in cases where those responsible are Spaniards or foreigners who have acquired Spanish nationality after the commission of the criminal act, provided that certain requirements are met .