Serious disobedience offense
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Failure to comply with the visitation schedule in favor of grandparents
The Supreme Court (SC) has studied the case of a person convicted of violating a court order that required them to respect the visitation schedule with their children's grandparents . After the court, through a formal warning, asked them to comply with the schedule, they did not take the children to the designated meeting point , citing medical reasons. This lack of cooperation was not justified, according to the facts proven in previous judgments.
The convicted person appealed to the SC arguing that they only missed once and that repeated offenses would be necessary to speak of a disobedience offense. Furthermore, they argued that there was an error in assessing the evidence and that their presumption of innocence was not respected. However, the SC clarifies that to commit a serious disobedience offense it is not necessary to violate many times; it is enough to disobey a very clear and specific order from the judicial authority, especially if warned of the legal consequences of non-compliance.
In this case, the convicted person had everything perfectly notified , knew what to do and what could happen if not complied with. Nevertheless, she decided not to take the children , without any sufficiently justified reason. For the Supreme Court, this behavior demonstrates a clear intention to disobey. Additionally, they remind that these orders protect not only the grandparents, but above all the interest of the minors , and that the criminal route is valid when the non-compliance is serious enough, regardless of the possibility of also resorting to the civil route.
In the face of the other parent's non-compliance with the communication obligations and visitation schedule that correspond to them, our professionals will assess the most appropriate ways to defend their interests and those of their children-
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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