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CRIME

Shock as Spain tells foreigners how to cancel their criminal record 

Spain's Justice Ministry has caused outrage after it sent out a tweet explaining how foreign nationals can cancel their criminal record online themselves in order to gain Spanish citizenship. 

cancel criminal record spain
The truth is that the possibility of cancelling a criminal record in Spain has already existed for 27 years, as has the option of a foreigner with a criminal record being able to obtain Spanish nationality.(Photo by Paola MAFLA / AFP)

It may seem like a dark joke sent out by a disgruntled civil servant, but Spain’s Justice Ministry has indeed informed the country’s 6 million foreigners – including those who’ve committed crimes in the past – how to wipe their criminal history from the system.

“Criminal records can be a problem when it comes to obtaining Spanish nationality or applying for or renewing residence permits,” the ministry headed by Pilar Llop tweeted on Sunday. 

“Here we explain step by step how to request the cancellation of criminal records,” the Justice Ministry went on to say, followed by a link to a video describing the process. 

In the video posted on June 7th 2022, which has so far more than 24,000 views, a narrator goes on to explain that through the digital transformation process that the Justice Ministry is currently undergoing, it’s possible for anyone to personally and officially delete their own criminal record.

“That means that your sentence can be cancelled without you having to apply for it,” the video stressed.

This reportedly applies to both criminal records and sexual conviction records.

Logically, the tweet has caused a mix of incredulity and anger on the Spanish twittersphere, with comments such as “they’re mad”, “is it a joke?”, “God save us” or “instead of kicking foreign criminals out they’re helping them”.

The truth is that the possibility of expunging a criminal record in Spain has already existed for 27 years, as has the option of a foreigner with a criminal record being able to obtain Spanish nationality.

What has changed is the possibility of an automated system allowing citizens, Spanish nationals and foreigners alike, to carry out the expunging process online themselves, rather than having to apply for the Justice Ministry to do it for them. 

What’s also novel, many would say alarming, is that Spain’s Justice Ministry has made this public knowledge to many more people in Spain after their tweet went viral. 

Artículo 136 of Spain’s Penal Code allows people with a criminal record to cancel it once a certain period of time has elapsed and if they have not committed any other felony since the initial sentence. 

For those with minor sentences, the criminal record can be removed after six months whereas for serious crimes (5+ years in prison) the wait is ten years, higher if they’re charged with more than one crime. 

However, there doesn’t appear to be any lifetime prohibition from expunging criminal records for those who have committed the most heinous crimes, meaning that foreign rapists, murderers and paedophiles could technically cancel their criminal records if they met the aforementioned conditions and become Spanish nationals.

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CRIME

Dutch gang leader vanishes in Spain after accidental release

A top drug trafficker is on the run after accidentally being bailed from jail in Spain, officials said Tuesday, dodging a bid to extradite him to the Netherlands where his Mocro Maffia gang is based.

Dutch gang leader vanishes in Spain after accidental release

Karim Bouyakhrichan was arrested in January in Marbella, an upmarket tourist resort on Spain’s southern coast, along with five other members of the Mocro Maffia gang.

They are suspected of having bought 172 properties in Spain worth over €50 million ($53.5 million) to launder their gains from drug trafficking.

But the following month a court in the southern city of Málaga decided to grant him provisional release with judicial supervision, against the wishes of public prosecutors and the Spanish government. Judicial sources said Tuesday his whereabouts are now unknown.

“It is worrying news,” Justice Félix Bolaños told a news conference following a weekly cabinet meeting when asked about the case.

“I can’t comment on any court decisions, but I do trust that the state security forces will bring this person to justice as soon as possible,” he added.

The Málaga court said in its ruling granting Bouyakhrichan provisional release that the risk that he would flee could be avoided “with other less burdensome security measures” than pre-trial detention.

It imposed bail of €50,000, took away his passport and ordered him to report to the authorities twice a month.

Dutch extradition bid

At the same time Spain’s top criminal court was processing a request for Bouyakhrichan’s extradition to the Netherlands, where he is wanted for large-scale drug trafficking.

But it postponed its extradition proceedings because the Málaga court intended to put Bouyakhrichan on trial first for money laundering, court sources told AFP.

When the Netherlands provided more information to back its extradition request, the top court summoned him to testify and when he failed to appear a fresh warrant for his arrest was issued.

Vincent Veenman, a spokesman at the Dutch public prosecutor’s office in The Hague, said it was “unknown” to them why Bouyakhrichan had not been detained for extradition.

“We are currently awaiting a decision on the extradition request,” he added.

“Our experience with the Spanish justice system is that this cooperation is generally good. Dozens of suspects are handed over every year.”

Bouyakhrichan’s brother Samir, another leading member of the Mocro Maffia, was murdered in 2014 near Marbella, sparking a reorganisation of organised crime groups in the region.

The Mocro Maffia made international headlines in 2022 after it emerged that Dutch Crown Princess Amalia had been placed under heavy protection in response to fears of an attack by the group.

Dutch media reported earlier last week that the 20-year-old heir to the Dutch throne studied in Madrid after being forced to ditch plans to live in student accommodation in Amsterdam because of the threats.

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