Crime against road safety
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Review of conviction due to administrative error in points balance
The Supreme Court (TS) has upheld an extraordinary appeal for review and has annulled a final criminal conviction for a crime against road safety. The case revolves around a simple idea, a person had been convicted for driving when, supposedly, they had no points left on their license, but later an official document emerged that demonstrated that this "key piece" of the conviction was incorrect .
The convicted person had been declared guilty in a summary trial for a crime under art.384 CP, which punishes, among other behaviors, driving without having authorization to do so (for example, due to total loss of points). The problem is that the conviction was based on an administrative information about the points of the permit that turned out to be erroneous .
After the ruling, a resolution from the General Directorate of Traffic (DGT) was submitted, which certified that, on the date of the events, the driver did have points and the license was valid. That is, the determining fact that justified the conviction (not having points) was not true.
With that "new evidence," the TS applies art.954.1. d LECr, which allows to review final judgments when relevant facts or evidence appear that were not taken into account and that, if known, would have changed the outcome (here, logically, the appropriate action would have been to acquit). Furthermore, the TS emphasizes that maintaining such a conviction would clash with the presumption of innocence . For all these reasons, the TS declares the nullity of the judgment convicting in the summary trial procedure and nullifies the conviction.
In proceedings arising from facts related to the driving of motor vehicles, our lawyers are at your disposal for the defense of your interests.
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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