Reckless driving
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Criminal and civil liability for reckless homicide and injury in traffic accidents
The Supreme Court (TS) has rejected the appeals filed by several private accusers who requested that, in addition to the already appreciated crimes (reckless homicide and reckless injury), the driver should also be convicted of reckless driving . The case stems from a very serious
accident that occurred in the early hours on the way back to A Coruña, when the driver had five occupants in a car designed for four , and did not ensure that the minors in the back used seat belts. At the entrance to the city , on a stretch with , in a section with 80 km/h speed limit , he reached at least 145 km/h , lost control, and the vehicle ended up rolling over and hitting a tree. A young man sitting in the back without a seatbelt died, and the other occupants suffered serious injuries. Initially, he was convicted of reckless manslaughter and several counts of reckless injury , with prison sentences, driving license suspension, and civil liability (with insurance involvement).
The main issue in the Supreme Court is not "whether there was recklessness," but a procedural issue because the lower court's ruling had a defect of omissive inconsistency (what the Supreme Court itself calls a "shortcoming in the ruling"), as there was no ruling on the request for a conviction for reckless driving. And, as explained, neither did the judge correct it ex officio , nor did the prosecution properly activate the sentence supplementation mechanism ; they only asked for a clarification on whether the road was urban or interurban.
As in these procedures, cassation is very limited to the scope of art. 849. 1 LECr, the SC concludes that it cannot intervene to correct this type of procedural issues to now add a new sentence, and therefore dismisses the appeals .
In proceedings arising from facts related to the driving of motor vehicles, our lawyers are at your disposal for the defense of 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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