Collaborators AreaCrime against road safety
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Conviction for driving without a license with the aggravating circumstance of multiple reoffenses
The Supreme Court (SC) has confirmed the conviction of a driver who was caught driving on the M-40 (Madrid) knowing that he did not have a valid driver's license in force. According to the proven facts, the accused had lost the validity of his driving authorization due to an administrative resolution from the Provincial Traffic Headquarters, which was also personally notified . When he tried to regain it, suspended the technical test recovery (listed as "not suitable"). The TS makes it clear that the driver was perfectly aware that he could not take the wheel.
The case came from a speedy trial where the criminal court convicted him of a crime against road safety (driving without a valid license) and imposed a prison sentence. The Provincial Court of Madrid confirmed that sentence, and the convicted person appealed to the SC.
A key aspect is that the courts took into account that the accused had accumulated four previous convictions for crimes against road safety. That is why the aggravating circumstance of multiple reoffenses was applied , which justified imposing the penalty at the high end within the legal range. The Supreme Court even points out that, based on that background, the sentence could have been higher , but it remained within the applicable limits.
The appellant also tried to argue a violation of the presumption of innocence , but the Supreme Court explains that, in this type of cassation appeal against judgments issued on appeal by a Provincial Court, only allows legal infringements under the grounds of LECr art. 849.1 can be discussed, without raising procedural or constitutional violations as an independent reason. The Supreme Court sees no reason to make any changes and upholds the conviction.
Our lawyers can provide you with the appropriate advice and represent 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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Gender violence
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