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Latino Awards 2022 and In Diem Abogados

26 Oct 2022
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On October 7, the Andalusian city of Granada hosted the 6th edition of the Latino Awards 2022. These awards are organized by the Gala Acción Social, whose objective is to promote Ibero-American culture and highlight the importance of the arts by honoring all those professionals in the sector who work tirelessly to bring their talent to all film and music lovers. Numerous singers of international reach such as Miguel Poveda, Francisco Céspedes, and the former Eurovision representative Rosa López, among many others, were some of the award-winning artists. The award ceremony was held at the new Isabel la Católica Theater, located in the city center. The gala was hosted by the charismatic Cuban-born singer Lucrecia, who was responsible for presenting the artists with their trophies. The artists chosen to receive the Latino Gold Awards were honored in different categories: The Latino Gold Award for Best Producer and Composer went to...
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Comprehensive Assistance for Associations

21 Jul 2022
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Introduction An Association is simply the tool to channel the means and resources we need to satisfy prior needs or desires. Therefore, throughout its life, each Association will require a series of different services depending on the purposes pursued and the activities to be carried out. In this regard, the IN DIEM TEAM can provide comprehensive assistance to those associations wishing to benefit from our acquired experience. Are Associations required to pay taxes? The answer is that it depends on the activity each Association will carry out. In principle, by the mere fact of existing, an Association does not have to pay any tax. However, if it is going to carry out any economic activity, even if it is not for profit, it may incur certain obligations to the Tax Authority. For example, if you intend to set up a supporters’ club for your favorite team, organize concerts, theater performances,...
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Formation of Associations

19 Jul 2022
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1.- Introduction We often find ourselves facing conflicting situations or opportunities for improvement, where we consider joining together with our neighbors, colleagues… or with third parties with similar experiences and interests. If this is your situation, we recommend the Formation of an Association, which, far from being an expensive and slow process as is often thought, can be straightforward and will not generate any burden or inconvenience if managed properly. The IN DIEM Lawyers team can help you achieve this improvement in your life, as we have extensive experience creating and comprehensively managing the operations of different associations. 2.- Requirements There are many types of associations: neighborhood associations, associations of affected parties, consumer associations, fan clubs, charitable organizations… and many others; however, they all require the same requirements for their formation. They are as simple to fulfill as gathering three people who share a common interest, drafting appropriate bylaws, and...
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Chemical Submission

01 Jul 2022
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1.- Concept, Purpose, and Scope of Chemical Submission Chemical substances have been used from prehistoric times to the present day, initially employing substances of natural origin, and over time progressing to the manufacture of synthetic chemical substances. Among the purposes for which these substances were used are medicine, crime, religion, physical endurance, etc. The term “chemical submission” derives from the French soumission chimique and can be defined as “the administration of chemical substances to a person, without their consent and without their knowledge, for criminal purposes.” The purpose of this practice is to alter the victim’s state of consciousness, their behavior, or nullify their will, thereby preventing them from giving consent freely or offering resistance to the person attempting to commit the offense in question. This is not a novel practice, but the considerable increase in cases recorded over recent decades must be taken into account. The highest number of...
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Case Study: Breach of the Right to Secrecy of Communications

21 Jun 2022
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1.- Introduction. The Court of Instruction No. 18 of Seville (Preliminary Proceedings number 1987/2018) issued an order on October 22, 2018, authorizing agents of the Investigation Group of the Triana National Police Station to access and analyze the information contained in the mobile phones seized from P.C.C. Specifically, it authorized the review of the WhatsApp application, the messaging application, and the image gallery of the three devices. 2.- Case Summary. P.C.C. is accused of committing two crimes: robbery with violence and fraud. It is alleged that P.C.C. drugged the victim, M.A.C.H., to subsequently steal money from them. From the victim’s statements, it is gathered that P.C.C. and a friend of theirs were at the former’s house on the afternoon of September 10, 2018, having some champagne; and that the next thing they remembered was being woken up by the cleaning lady at the speaker’s house, as they were lying on...
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Art. 94 CC. Question of Unconstitutionality. Limitation and suspension of the right to visitation and stay.

Article 94 of the Civil Code: Question of Unconstitutionality

13 Jun 2022
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Limitation and suspension of the right to visitation and stay 1.- Introduction The presiding judge of the Court of First Instance 7 of Móstoles, Natalia Velilla, has raised a question of unconstitutionality regarding the fourth paragraph of Article 94 of the Civil Code, as it establishes “automatically” a sanction of a civil nature as a consequence of criminal proceedings. 2.- The case The father of a minor child requests the Court to suspend custody in favor of the mother, as a consequence of the mother having been reported by him to an Investigating Court for allegedly maintaining inappropriate behavior and having struck him. Therefore, pursuant to the fourth paragraph of Article 94 of the Civil Code, the visitation or stay regime of the minor with the mother would be suspended, despite the fact that in the Investigating Court where the complaint for domestic violence against the mother is being investigated,...
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New Regulations: Waste and Contaminated Soils Act

02 Jun 2022
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1.- Approval of the new Waste and Contaminated Soils Act 7/2022. On April 10, the new Waste and Contaminated Soils regulation, Act 7/2022, was passed, strengthening Spain’s circular economy strategy. With more than 1,300 amendments, the approved law seeks to intensify sustainability in order to transform the current linear economic model. It transposes various European directives into the Spanish legal system, thereby framing the fight against climate change, the environment, health, and the sustainable development goals of the United Nations 2030 Agenda. To this end, the Act sets out guidelines for applying the waste hierarchy principle, preventing waste generation, increasing reuse and recycling targets, mandatory separate collection, as well as the mandatory minimum requirements applicable to Extended Producer Responsibility (EPR) and hazardous waste. The most important and distinguishing feature introduced by this Waste and Contaminated Soils Act is that it eliminates hidden encumbrances. Users now have a new safeguard, as...
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Hate Crime. Banishment. Comments on the Order of the Court of Instruction Number One of Torrevieja.

24 Apr 2020
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1.- Introduction. The Court of Instruction Number One (1) of Torrevieja (Preliminary Proceedings no. 551/2020) has issued an order imposing a provisional measure of banishment from this town on a resident of Torrevieja, ABD, aged 61, along with a prohibition on leaving Spanish territory and the withdrawal of his passport. 2.- The case: a controversial video. Extract. A few days ago, ABD published a video on YouTube claiming to be from Madrid, infected with COVID-19, and having traveled, like thousands of others, to Torrevieja to spend the quarantine, where he had “cleared out” the products of a well-known local supermarket; the recording, barely forty seconds long, ended with insults and offensive expressions against the inhabitants of this town, such as “fuck them” or “screw them“. This video went viral and prompted several calls to the local Civil Guard; the officers themselves confirmed that the calls were numerous and that those...
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Contract Modification Due to Crisis. “Rebus Sic Stantibus”

13 Apr 2020
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Contract Modification in Crisis Situations: “Rebus sic Stantibus”. The “Rebus Sic Stantibus” clause (also known as the “rebus” clause) is a Latin aphorism that could be translated as “while things remain thus”. It is a legal instrument originating in ancient Rome which, although it does not appear today in the articles of any legal code, does have sufficient jurisprudential development. It acts as a balancing mechanism between the obligation to fulfill contracts and necessary equity, prohibiting excessive onerousness under certain circumstances. It must be noted, on the one hand, that the Civil Code makes clear that obligations arising from contracts have the force of law between the parties and, therefore, must be fulfilled. Article 1258 reinforces this line, and more specifically, Article 1256 categorically states that the validity and fulfillment of contracts cannot be left to the discretion of one of the contracting parties. Notwithstanding the foregoing, when contracting parties...
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Cryptocurrencies. Regulation of Cryptocurrencies in Spain and Comparative Perspective. Legal Report.

10 Apr 2020
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1. Introduction. This report provides an analysis of the current legal regulation of cryptocurrency in Spain, as well as its regulation from a comparative perspective. To this end, it is necessary to begin with the concept of blockchain technology, which has proliferated enormously in recent years and whose origin dates back to the 1990s, when a group of individuals decided, with the potential that the Internet represented at that time and relying on cryptography, to propose the creation of a new open financial system, without authorities or control institutions, capable of guaranteeing anonymity, controlling the money supply, and being completely transparent regarding transaction flows. All of this enabled the creation of bitcoin in 2008, thus beginning the materialization of the supposed possibilities of this new technology which, initially, is capable of simplifying a large number of processes such as international payments. This is because it eliminates intermediaries while enabling a...
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