Collaborators AreaComputer crime
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Computer damages and coercion by blocking access to the server
A recent case has reached the Supreme Court (SC) and deals with an employee of a company who, after a dispute with the company over pending payments, blocked access to the company's computer server and encrypted the data. This caused the company's activity to be completely paralyzed and significant financial losses were incurred.
The first court that studied the case considered that the worker's behavior was clearly criminal according to the Penal Code and sentenced him for two crimes: computer damages and coercion. The penalties included both imprisonment and an obligation to pay the company for the damages caused. For the court, since it couldn't access the server, the company was completely blocked and, in addition, the worker tried to pressure the company to pay him what he was claiming, even leading the company to deliver a check (which was later canceled) under that pressure.
The Provincial Court reviewed the case and, although it upheld the facts and the sentence , it did modify the way to apply the offenses, considering them committed in medial competition (when some facts are a means for others), which implies a single higher penalty.
The case reached the SC. There, only errors in the application of the law can be debated (not whether the facts occurred or not). The SC confirms that the crime of coercion was indeed consummated and not in the stage of attempt, since the delivery of the check under pressure implies that the threat takes effect. Likewise, it considers that the computer damages fit since business paralysis is sufficient for this. Finally, the SC rejects reviewing the amount set as compensation, explaining that it is not its function to reevaluate the evidence or the facts, unless a very clear error is identified, which does not happen in this case.
Our lawyers can provide you with the appropriate advice and defend your interests in proceedings arising from acts that constitute or may constitute a crimeCONTENIDO 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
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