Criminal investigations
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Validity of judicially authorized telephone interventions
Three people were accused of planning and committing several burglaries in inhabited homes , and also conspiring to commit an illegal detention . To investigate it, the police and the court used various tools such as judicially authorized telephone interventions, surveillance, ocular inspections, recovery of stolen objects, and expert evidence.
The defenses tried to break down the case by saying, in summary, that many evidence was "null" or unreliable since the phone conversations were ambiguous , that had not fingerprints or DNA at some points, that the geolocation was not accurate (due to depending on a repeater), that the police report had irregularities and that there were alternative explanations for key facts, such as the alleged victim tracking through a GPS beacon GPS tracker The Supreme Court (TS) dismisses these complaints and
confirms the conviction. According to the TS, when the wiretaps were authorized, there were objective and well-founded indications According to the Supreme Court, when the wiretaps were authorized serious crime and with plural circumstantial evidence and with a judicial authorizations for other devices, so it does not see a violation of guarantees. Regarding the conspiracy for illegal detention
About the set of clues (conversations about the device, ties/battery, surveillance, findings in searches, attempts to rent a parking space where the victim lived, etc.) and even a set of clues (conversations about the device, ties/battery, surveillances, findings in records, attempts to rent a parking space where the victim lived, etc.) and even a biological expertise linking one of the accused with a GPS ankle monitor. In conclusion, the Supreme Court considers the investigation valid and the joint assessment of evidence sufficient for conviction.
Our lawyers provide appropriate advice and can defend your case in situations like the one described-
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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