Collaborators AreaRoad safety
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Penal and administrative interpretation of driving after failing the road re-education course
The Supreme Court (TS) has resolved an important issue for anyone who has lost their driver's license due to a criminal conviction. It all started when a person, after serving a sentence of more than two years without being able to drive, got behind the wheel again. The problem was that, even though the sentence had already ended, the person had not passed the awareness and road re-education course required by traffic regulations to be able to drive again.
Initially, the court convicted him of breach of sentence . But later the Provincial Court revoked that conviction and acquitted him, stating that it was not a crime of breach, although it was an administrative offense . The Public Prosecutor's Office disagreed and filed an appeal with the TS, requesting a criminal conviction because it believed that not taking the course was equivalent to failing to comply with an ancillary penalty .
The TS has been clear, for there to be a crime, this non-compliance would have to be considered as part of the judicial sentence , and that is not the case. The obligation to take the course after losing the permit for more than two years is established by the traffic law , but it is not included in the Criminal Code as part of the criminal sentence. Therefore, driving after serving the sentence, but without having taken the course is not a criminal offense , although it may result in an administrative fine . The Supreme Court maintains that it is not possible to be
criminally convicted for this action and that the sanction should be only administrative, unless the criminal law is modified in the future to include it as a crime. for this action and that the sanction should be purely administrative, unless criminal law is modified in the future to include it as a crime.
In proceedings arising from facts related to the driving of motor vehicles, our lawyers are at your disposal to defend your interestsCONTENIDO 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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