Crime of falsehood
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Falsehood in official document in the justification of work absences
The Supreme Court (TS) has confirmed the conviction for the crime of falsehood in an official document of aworker who submitted afalse medical leave, created by computer, to justify his absence and receive payment for the days not worked.
The events occurred when the worker, after obtaining atrue medical leave from his general practitioner for just one day,decided to extend it. To do this, he prepared several more sick leaves and returns from his computer,imitating the format of the official form, and sent them to his company by email. This way, he managed to receive almost 32 euros from the company for those days when he was not actually on sick leave.
Initially, the Criminal Court convicted him, but the Provincial Court acquitted him. It argued that, since it was adocument sent by email(a scanned or digital photocopy), it could not be considered an official document, but ratherprivate, and also that there was no real damage to the company.
However, the TS corrects this stance and reminds that jurisprudence considers that, whena document is created in its entirety that simulates being official, even if it is in digital format or photocopy, the crime committed isforgery of an official document. That is, the important thing is not the means used to create or send the false sick leave, but itsappearance and purpose which is to make believe that it is an authentic document generated by a public administration.
The ruling clarifies that if someone "creates or simulates" a sick leave to present it as if it were real, even if itdoes not exist as an original and even if it is sentscanned or by email, aforgery crime of an official document is being committed.
Our lawyers can provide you with the appropriate advice and defend your interests in proceedings arising from acts that constitute or may constitute a crime-
Misappropriation
Instrumental transmission of social shares to operate bank accounts
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Crimes of misappropriation and fraud
Misappropriation of amounts delivered to complete a housing promotion The case revolves around a real estate promotion in Riogordo (Málaga), consisting of 20 homes, managed by a promoting company. In the first stage, two people were listed as joint administrators (although one of them handled the daily management). Between 2008 and 2009, several homes were sold and buyers delivered amounts on account. Some were even given the keys, despite the fact that the work was not actually finished (it was said to be 90% complete), no deed was granted, and the construction company ended up abandoning due to non-payments. The result was that buyers found themselves living in houses without deeds and without a clear situation in the Registry. Some time later, those administrators sold their shares and a third person entered as the sole administrator. This new administrator was aware of the previous problem, but still asked some buyers for additional money (for example, 8,000 euros) on the argument that it was to complete the promotion. The relevant point is that this money was not used for what was promised nor was it returned. Furthermore, between 2010 and 2011, new sales of homes occurred under similar conditions, and later the entire set of 20 homes was sold to another company, generating a serious conflict between those who had bought earlier and those who appeared later as titleholders. The Provincial Court acquitted the first two administrators (it was not proven that they had diverted the money), but convicted the last one for aggravated misappropriation and fraud. The Supreme Court (TS) confirmed the conviction and rejected the appeal as it did not accept reopening the evaluation of the evidence and considered the denial of new documentation correct because it referred to subsequent facts and was not relevant to what was judged.
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Union law
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