Search results

This paper aims to analyse the Spanish confiscation regulation considering the specialised literature as well as the relevant case law.

The Spanish confiscation regulation and the practical application is discussed in this paper.

The paper shows the shortfalls in the regulation with regards to Spain's international obligations and the inconsistencies in the judicial application of the legislation, which limit the possibilities of putting a stop to criminal activity centring on obtaining huge profits.

The paper focuses exclusively on the general Spanish confiscation regulation, dispensing with compared analysis. Only Spanish literature is used.

The paper provides readers of other nationalities a complete overview of the matter.

The purpose of this paper is to analyse those obligations to share information and deliver assistance which flow from the legislation intended to prevent the money laundering as contained in the Law 19/2003 of the 4 July, which transposes into Spanish law the provisions of Directive 2001/97/EC, which provisions set out the obligations of notaries, registrars, lawyers and court attorneys and their compatibility with their duties of professional privilege.

The new law has provoked a debate centred in the compatibility of the obligations of disclosure with legal professional privilege and the rights of the defence. This issue is discussed in the paper.

With regard to lawyers there arises a conflict between the duty to maintain client confidentiality and the obligations of disclosure in the prevention of money laundering which must be resolved in favour of the former, it being established in Spain by a law of superior status. This means that if a lawyer transfers the information concerning his suspicion he should therefore be punished as committing the crime of disclosure of confidential material.

Only Spanish literature is used.

With respect to the lawyers, the carrying out of the obligations of disclosure imposed by the new Spanish Law 19/2003 breaches the duty of client confidentiality. For notaries, registers and court attorneys the problem does not exist.

An overall view is offered of the difficult situation in which some legal professionals find themselves in light of the prevention of money laundering in Spain.

Much of the research on intimate partner violence focuses on adults, and little of it emanates from the Global-South. The study reported upon in this chapter is aimed at addressing these gaps. Adopting a Southern Feminist Framework, it discusses findings from interviews with Brasilian and Australian advocates working on prevention of youth IPV. Participants from both countries noted disturbing instances of digital coercive control among the youth with whom they work, as well as underlying factors such as gender-based discrimination that simultaneously contribute to the prevalence of such behaviors, as well as their normalization among young people. However, they also emphasized the positive role that technology can play in distributing educational programming that reaches young people where they are and circumvents conservative agendas that in some cases keep education about gender discrimination and healthy relationships out of schools.