Prevention of crime sound good, but can ‘unpleasant side effects’ have. A society where the “precautionary principle prevails comes dangerously close to a state audit. The “alarming examples” are there for the taking. Think of restraining risk youth, the Mosquito youth counterpart, the “weekend package” catering to violence, the sharing of confidential information in the Bibob process and encourage citizens navigation behavior.

In the concluding chapter of the “Trend Signalement 2010 Crime Prevention Security Center warns today an against ” over enthusiastic application of preventive measures. They probably do “more harm than good”. So the danger is that “anyone who deviates from the norm”, as citizens risk being labeled. This can lead to wrongful abduction, false family interventions, false denials, suspicion or prohibited area.

With a solid implementation of preventive measures may also according to the CCV ‘uncertainty intolerance “grow further: the unwillingness to either a” certain degree of insecurity “to accept. The public does not believe that society is doable, but when it comes to safety. Then the state must protect the citizens of all evil. The riots in Hook of Holland could thus lead to “disproportionate control” of events, the number of inspections and grows through the “intervention force” of the State are ‘excessive’ .

It is the statement that a person made in writing to apprise the judge believed facts which have the characteristics of crime. With it, the complainant requested the opening of a criminal case in which the commission will investigate the alleged crime, and shall be constituted as plaintiffs therein.

You can bring a case any Spanish citizen regardless of whether or not offended by the crime, however, foreigners may sue in the first case, ie if they are directly aggrieved by the state crime.

The person making the declaration (or complainant) has revealed in the lawsuit his intention to intervene in legal proceedings as plaintiff, may depart from them at any time, subject to being subject to civil and / or criminal where appropriate.

The judge or court will decide whether or not to admit the pending lawsuit filed.

Against the decision (order) issued by rejecting the call may be submitted appeal.

For its part, may terminate the complaint is both public and private crimes.

The public offenses are those who pursue ‘automatically’, that is, by the authorities themselves. However, for the monitoring of private crimes (eg, libel and slander … etc.) Will be affected by the same make a complaint in which he expresses his desire to be the prosecution in criminal proceedings.

How is the complaint?

The complaint must be in writing, we need the intervention of a solicitor and barrister and it must contain:

* The judge or court to which it is addressed.
* Name and neighborhood (determined by place of residence) of the complainant.
* Name and vicinity of the complaint. If you know the identity of the respondent, must indicate their description as well as any signs of that disposal which may contribute to their identification.
* The description of events, venue, date and time of occurrence.
* The measures to be carried out to verify the fact.
* The request for the admission of the complaint process, they practice the measures referred and taken precautionary measures, personal or real if deemed necessary.
* The signature of the complainant.

Along with the complaint shall be provided such documents or evidence used to establish the facts of the same, or indicate where to look.

In the case of flagrante delicto, “of which leave no signs of his committee or where there is a well founded fear that the suspect will escape or hide, the individual intends to make complaint may appeal in addition to any police officer requesting the practice of the first steps averiguatorias and, if necessary, arrest the offender.

In private crimes, except in the case of rape and kidnapping, along with the lawsuit will present the certificate stating that it has entered or attempted conciliation between the complainant and sued.

However, those proceedings may be held urgent aimed at checking the facts or the arrest of the offender, and submit the certification as soon as possible, otherwise it would paralyze the proceedings.

In any case, an attorney may offer advice on all these issues in light of the particular features of each individual case.

Who are required to pay bail?

When filing the complaint is not harmed by the crime, his heirs or legal representative or, in cases of homicide or murder, the widower or widow, and ascending and descending relatives by blood or marriage to the victim until the second degree, must furnish security to cover the trial.

In the case of foreigners, only be exempt from this guarantee if this is provided in an international treaty to apply to them or the system of reciprocity with the foreign country of origin.

What if we abandon the criminal case?

Means abandoned the criminal case:

* If performed within 10 days of the last inquiry requested by the complainant, he did not call proceeding.
* When the case is stalled because the complainant does not request any action is practiced.
* By death or incapacity of the complainant, if the cause is not continued by his heirs or legal representatives within 30 calendar days of the notification of the existence of the lawsuit.

The Justices of the Peace
Operating in the area of the municipality in which they are located and there are those in which there are no Courts of First Instance and Instruction.

The Courts of First Instance and Instruction
They cover the territorial scope of a judicial district, that is, the territorial unit consists of one or more neighboring municipalities that belong to a single province. The venue of these courts is in the capital city of the party.
Have jurisdiction to hear the following cases:
* Proceedings of Habeas Corpus.
* The investigation of crimes committed in their judicial district and those whose prosecution is for the Provincial Courts and Criminal Courts.
* Knowledge and failure cases for minor offenses, except those representing the peace courts.
* Resources established by law against decisions by the Courts of Peace of the Party.

Criminal Courts, Juvenile and prison security
May include a game territorially judicial or several, and even several provinces. When Develop their skills in a single province, is located in the capital of the same.

The Criminal Courts prosecute crimes committed in their area punishable by less than 5 years imprisonment or fine.

Juvenile Courts prosecute crimes committed by minors.

The prison security courts exercise functions related to monitoring the implementation and enforcement of custodial penalties, security measures in prisons … etc.

The Provincial Courts
They develop their skills in a province, and its headquarters located in the capital itself. There may also be sections of the audience outside the provincial capital that will be subject to one or more judicial districts.

Have jurisdiction to hear:
* The offenses which are imprisonment for a period exceeding 5 years.
* The resources provided by law against decisions by trial courts and criminal of the province as well as the resources of the Courts prison supervision on execution of penalties, enforcement and appeals from decisions of the Juvenile Courts of the province.

The High Courts
Cover the territory of the Autonomous Community and its headquarters is located in the city designated in each case by the Statutes of Autonomy, or otherwise, in the city in which the Territorial Court is sitting, or in the capital of the Community Autonomous.

The cities of Ceuta and Melilla are integrated within the territory of the High Court of Justice of Andalusia.

These courts will hear:
* The criminal cases that the Statute of Autonomy them aside.
* Appeals, where provided by law.
* Criminal cases against judges, magistrates and members of the prosecution for crimes they have committed in office in the Autonomous Communities, where no jurisdiction, the Supreme Court.

The Supreme Court, the Audiencia Nacional, the Central Court of Investigation and the Central Criminal Courts
They cover the whole national territory and have its headquarters in Madrid.

The Supreme Court is the superior court hearing:
* Exceptional resources established by law in criminal matters (appeals, appeal … etc).
* Causes of Crimes against persons who hold a charge, among others, that of Prime Minister, President of the Congress and Senate, members of Government, Chief Justice, Judges of the High Court or Supreme Court … etc.

The High Court will take cases involving certain crimes, including:
* Crimes against the Crown and senior Crown agencies and the Government.
* Currency counterfeiting and drug trafficking, when committed by organized groups and effects in the territory of more than a provincial court.
* Crimes committed abroad which are to be tried in our country.

The Central Criminal Courts prosecute those crimes punishable by less than 5 years imprisonment or fine.

The Central Court of Investigation conducted the investigation of cases the prosecution of which corresponds to the Criminal Division of the National Court or, where appropriate, the Central Criminal Courts.

These courts also handled the cases of passive extradition, as determined by applicable laws.

The Court Jury
The jury trial was held in the area of the Provincial Court or other courts, in the manner prescribed by law.

As regards the reasons that the Court can prosecute the jury are among others the following:
* Crimes of fires and wildfires.
* Parricide, murder, manslaughter and infanticide.
* Embezzlement of public funds.
* Negotiations prohibited to public officials.
* Failure to provide assistance.
* Burglary.

If it is not known, to determine the court or tribunal should be addressed to the place:
* In which have discovered evidence of the crime.
* In which made the arrest.
* The residence of the alleged accused.
* In the absence of the above is responsible any judge or court was aware of the crime.

But the jurisdiction of various courts and tribunals are not uniquely determined according to a criterion territorial but functional. Thus, there are certain crimes which by their gravity or nature are tried by special courts.

Below are all the courts with criminal jurisdiction and the powers or functions that each is assigned.
- The Justices of the Peace
- The Courts of First Instance and Instruction
- Criminal Courts, Juvenile and prison security
- The Provincial Courts
- The High Courts
- The Supreme Court, the Audiencia Nacional, the Central Criminal Courts and the Central Court of Instruction.
- The Court of Jury

Punishment for sexual assault can be severe, and it is always the judge who decides.

One of the main conditions to punish a person for sexual assault, is proof that the person who is to blame. The probation officer who is assigned a case of sexual assault has the responsibility to prepare a report and attach evidence for the case. The judge can postpone the case for a few weeks depending on complications. The probation attached a case of sexual assault has the responsibility to prepare a report and will submit proof to the case. The probation officer typically begin to work with interviewing the people who know the perpetrator, and also prepare a case. A lot of information as place of birth, registration of crime personal life and school are included in the report. All these factors contribute to the sexual assault.

When there is a phrase heard that the victim is asked to testify in the case. The judge would also investigate what exactly happened during the act of sexual assault. Questions such as if you were injured are also asked. Everything is taken into account as if you were injured and had to miss work, or how long it took you to recover from the attack and return to your normal lifestyle. Although the factor emotional scars are considered. All these factors together help the judge to put together a case and decide the appropriate punishment for violent men. Also, the judge will check to see if the person has been found guilty of the crime has had a prior conviction or convictions for sexual assaults. Some people may be habitual sex offenders.

Prevention of Crime Concerns : According The Analyst
Analyst Dr Lynsey Dubbeld of the CCV shall request that the conclusion that “stick approach” does not work, indeed from the report is pulled, but on the basis of a detailed analysis. “The repression” is indeed more to the fore. As concrete examples it cites:

• Container Houses for causing nuisance tenants.
• Damage Story to vandalism or theft during the turn of stores.
• Weekend Package for perpetrators of uitgaansgeweld.
• Street and neighborhood prohibited loitering.
• Travel bans for violent offenders in the OV.
• Hostels for the care of homeless addicts.
• Close to coffee shops and prostitution houses.
• Damage Story to vandalism or theft during the turn of stores.
• Travel bans for violent offenders in the OV.
• Hostels for the care of homeless addicts.
• Close to coffee shops and prostitution houses.

Furthermore, the fine powers of municipalities with extended degradation and pollution. Is there a restraining suspects for domestic violence come. Can new, rapid sentences for hooligans and nuisance offenders under the Act to combat football hooliganism and serious inconvenience imposed. His fast track and fast right ingvoerd to destruction and violence. Also new technology it supports repression under: camera helmets for police officer, cameras in the fight against robbers, canachoppers (mini helicopters of the police) to hemp farms along to identify, Mosquito’s order to expel them loitering. The call for “tough problem youth of Moroccan descent” is unmistakable. And she mentions the idea of drinking on the streets to fight bladder by mandatory testing be introduced for pedestrians.

That the criticism of state repression in the report, but in the press release because the CCV is the target of the report as “not wanted to bother. These are the numerous local authorities mainly struggling with prevention. The national policy should be careful to repression. And with the local prevention. Clockwise or counterclockwise, the ‘controlled’ threatened …

It is expressly found nowhere in the report. Not a word about ‘politics’, nothing about ‘side effects’ of severe punishment. On the effectiveness of sanctions, the report said nothing. However, the effectiveness of prevention: “The crime figures falling steadily in recent years and the relapse rates for the first time since taking over a decade off.” That would be the result of “all efforts at prevention.