Gender violence
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Illegal detention and attempted homicide
The Supreme Court (TS) has confirmed the conviction of a man for illegal detention and attempted homicide against his ex-partner , in a very serious episode of violence after the breakup of the relationship. They had been a couple for years and had a minor daughter together. After separating, the accused tried to force the victim to resume the relationship, first attacking her with an irritant spray , which caused her a temporary loss of vision, and with that advantage, he deceived her and took her out of her home, taking her without her consent.
Once in a secluded place, the man assaulted her with a bladed weapon and inflicted a serious stab wound under her chest, with risk to her life, for which she had to undergo surgery and hospitalization. In addition, the victim suffered other injuries (bruises, abrasions, and wounds on her hands) and needed psychological treatment for post-traumatic stress. After the events, the accused fled and he presented himself to the police two days later , accompanied by his brother.
In his appeal, the convicted asked for the mitigating factor of confession , but the TS rejects it because that “confession” came when he was already identified and did not provide real assistance to the investigation.
The Supreme Court also confirms protective measures such as the prohibition of approaching or communicating not only with the victim but also with her minor daughters, because the victim expressed fear for them (the aggressor even said that he would “go after them”). And it maintains the disqualification to exercise parental authority over the common daughter until she reaches adulthood, due to the seriousness of the case and the risk to the minors.
In situations arising from episodes related to gender violence, our professionals are available to provide the necessary assistance and adviceCONTENIDO 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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Crime against road safety
Review of conviction due to administrative error in points balance
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