Crimes against collective security
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Drug trafficking and membership in a criminal group
The Supreme Court (TS) has confirmed the conviction of several individuals who operated in Almería regarding indoor marijuana plantations . The basic idea of the case is simple; it was not about a single house with some plants, but about multiple locations and a coordinated effort to cultivate, prepare, and distribute cannabis, and to maintain those plantations with a very high electricity consumption obtained through illegal connections to the grid. With that modus operandi the entire activity was sustained: indoor cultivation, fraudulent electrical infrastructure, and task distribution within the group.
The convicted appealed, but the TS dismisses the appeals and upholds the sentence. It confirms three criminal blocks :
- the crime against public health (for the cultivation and trafficking of cannabis);
- the continued fraud of electrical fluid (for the illegal connections and associated consumption); and
- membership in a criminal group.
The TS supports that, when there is a joint and sustained action , the seized drug can be attributed jointly to the members, because it is not considered that each one carries “their separate project,” but rather they are part of a same criminal enterprise shared.
It also accepts a prudent estimate of the defrauded electricity consumption based on technical criteria, even if there is no perfect direct measurement of everything consumed.
And clarifies that talking about “ criminal group ” is not the same as saying “they did something together,” here it appreciates a stable union of several people to commit crimes in a coordinated manner, with a criminal purpose that is not exhausted in an isolated act.
Our lawyers guarantee the defense of your rights in actions derived from facts that could constitute a crime.CONTENIDO RELACIONADO
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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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Gender violence
Illegal detention and attempted homicide
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