Undue delays
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Criminal liability in drug trafficking offenses and their mitigating and aggravating circumstances
The Supreme Court (SC) of a person convicted in the National Court to imprisonment and a high fine for a serious drug trafficking offense (cocaine, amphetamines, and hashish) in a significantly large quantity and recidivism. The investigation, initiated in 2013, involved numerous individuals in a complex supply and redistribution network of substances, many of whom had already been convicted in other proceedings. The convicted individual appealed to the SC alleging, among other reasons, that there was
excessive delay in the process , as more than 6 years passed between the investigated events and the sentence. The SC analyzes different grounds of the appeal, but the most relevant one is that of undue delays, warning that, although the case was complex , the part for which he was ultimately convicted had already been clarified in 2014 , and that delay was neither justifiable by the judicial action nor attributable to the accused. Therefore, it decides to apply the simple mitigating circumstance of undue delays, which allows for a reduction in the sentence by considering that the accused should not "pay" for the inactivity of the judicial system . .
As a result, the TS reduces the defendant's sentence, lowering the prison term and the fine, while maintaining the rest of the rulings. The ruling recalls that the defendant's responsibility is proven, as he played a leading role in the shipment and redistribution of large quantities of drugs, but his procedural rights must also be respected. Other requests, such as the mitigating factor of drug addiction, were not accepted because it was not proven that the addiction actually influenced the events.
In claims arising from criminal acts, our lawyers can provide you with the appropriate advice and defend your interests.-
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
The CJEU supports the Amnesty Law for normalizing the situation in Catalonia
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