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DEFENCE AGAINST ABUSES BY PUBLIC AUTHORITIES

We defend victims in the following types of proceedings:

A) REPRESSAL DEFENSE TO WHISTLEBLOWERS OF CORRUPTION

B) DEFENSE AGAINST CRIMINAL PROCEDURES OF INJURIES AND CALUMNIES OF PUBLIC AUTHORITIES

 

A) REPRESSAL DEFENSE TO WHISTLEBLOWERS OF CORRUPTION

We incorporate the legal possibilities provided by "DIRECTIVE (EU) 2019/1937 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 October 2019 on the protection of individuals who report infringements of Union law" which has entered into force on 17/12/2019, where it is stated that "Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 17 December 2021 at the latest". Before that date, such protection may be sought in the Spanish courts and, if it is not granted, a ruling by the European Court of Human Rights (ECJ) may be required.

Directors and lawyers of AUSAJ and ANVIPED have been victims of these institutional reprisals and we are already working, in collaboration with other denouncers of authoritarianism, to apply for this protection for ourselves, so that we obtain the knowledge and experience necessary to defend other institutional victims.

 

B) DEFENSE AGAINST CRIMINAL PROCEDURES OF INJURIES AND CALUMNIES OF PUBLIC AUTHORITIES

With the reform of the Criminal Code in 2015, the public authorities can ask the Public Prosecutor's Office to file a complaint for libel or slander against any person who has violated their honour in the exercise of their public function.

This measure is giving rise to criminal reprisals when they are challenged. To defend people from these institutional abuses, ANVIPED has specialized in this service, knowing the applicable jurisprudence to avoid conviction and provides services with reduced prices.

Freedom of expression has been defined by the European Court of Human Rights (ECtHR) as follows:

Freedom of expression constitutes one of the essential foundations of a democratic society, one of the primary conditions for its progress and for personal development. With regard to Article 10(2), this applies not only to "information" or "ideas" which are received favourably or regarded as harmless or indifferent, but also to those which offend, shock or disturb. These are the requirements of pluralism, tolerance and a spirit of openness without which there is no "democratic society".

The ECtHR has stressed on numerous occasions that a violation of freedom of expression can probably have a deterrent effect on the exercise of this freedom.

This text is from a 2016 ruling condemning Spain for the authoritarianism of its judiciary and government.

Previously, several times the Supreme Court and the Constitutional Court had overturned convictions for insulting or qualifying public authorities as criminals, but in other cases they had also confirmed other convictions.

A significant number of prosecutors and judges, in breach of European case law, continue to denounce and condemn those who complain about authoritarian public authorities, in other words, those who blatantly fail to comply with the law, taking advantage of their impunity.

From ANVIPED we provide legal services for the judicial defence of those who are denounced for insults or slander to public authorities.

ANVIPED is a non-profit association, with no subsidies or economic aid, which pays its expenses with the income obtained from providing services to its clients.

The added values of ANVIPED are as follows:

  1. Most attorneys do not provide these services against other procurators and lawyers

  2. High knowledge of the laws and jurisprudence on these matters.

  3. Transparency in tariffs.

  4. The client receives all judicial documentation directly from the procurator.

  5. We challenge all resolutions that do not comply with the law, while most lawyers allow judicial abuses.

  6. We're incorruptible.

TARIFFS (*1)

  • Preliminary feasibility study: 80 euros.

  • Pre-trial defence counsel (lawyer): 500 euros

  • Translators and court interpreters: at your expense
    List of all accredited translators on the Ministry's website.

  • Attendance at trial (per session) 200 euros plus expenses

  • Appeal against conviction: 200 euros

  • Extraordinary resources or protection (constitutional): 200 euros

  • In the case of civil liability, the scale of the Madrid Bar Association's FEE CRITERIA for 2013 will be added, which are as follows:

Amount over the first 4,000 euros:       25.00%

From 4,001 to 18,000 euros:               18,00%

From 18,001 to 30,000 euros:             16,00%

From 30,001 to 45,000 euros:             14,00%

From 45,001 to 60,000 euros:              12,00%

From 60,001 to 600,000 euros:             12,00%

From 600,001 to 750,000 euros:            0.50%

From 750,001 to 900,000 euros:            0.50%

For larger quantities:                          consult

All items on this scale will be reduced by 25%. These percentages will only be charged in the case of an order for costs against the counterparty and the assessment of costs will be made for payment by the counterparty, without additional costs, unless the counterparty contests the fees, in which case nothing will be charged, unless there is an appeal for review and the counterparty is ordered to pay costs. The value of the appeals for reversal or revision is 300 euros each, in accordance with the Madrid Bar Association's CRITERIA FOR FEES of 2013 or the referred scale if this is a higher value.

* 1 These amounts may be increased if ANVIPED considers the matter complex.

The referred amounts will be increased with 21% VAT.

 

 

© 2020 ANVIPED - All rights reserved.    |    Asociación Nacional de Víctimas de los Profesionales del Estado de Derecho (Inscrita con el Nº Nacional 606555)