Collaborators AreaDrug trafficking
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Narco-speedboat attack against customs surveillance vessel resulting in death
The Supreme Court (SC) resolves a very serious case that occurred at sea when a sailboat carrying cocaine was transporting cocaine collision with the official vessel . As a result, one of the agents fell into the water and ended up drowning Drowning The main discussion, regarding
drug trafficking Drug trafficking recovered lack of seizure solid indications Lack of seizure does not prevent conviction if there is solid evidence and a reasonable conclusion. Here it assess, all together , data such as a "rare" route, stopping in a typical transfer area, disconnecting the AIS, previous operational information, evasive maneuver, intentional fire, and especially that the agents saw several bales and identified them by their shape, placement, and approximate weight as typical of cocaine transport. Based on this, the judgment also considers that there is " notable importance " due to the deduced quantity and " extreme seriousness " for using a vessel as a specific means of transport.
Regarding the death of the agent , the Supreme Court understands that the relationship between the maneuver and death , dying from drowning falls within the risk created by a bullfight at sea. Also, appreciates eventual intent since the helmsman acted to prevent boarding knowing that it could seriously endanger the lives of the occupants of the auxiliary vessel, and yet continued with the maneuver.
Regarding the fire , it is not limited to "damages" as it was a intense fire , with explosions, which forced the rescue of people before sinking, so it fits as fire with danger to people . And also appreciates piracy , explaining that this offense, as stated in the Penal Code, does not require "profit motive" or "private purposes", it is enough violent attack at sea on an official vessel, because what is protected is the safety of navigation.
Finally, the Supreme Court clarifies how to combine the crimes, there is no " bis in idem ", because they protect different goods , but since everything stems from a single maneuver, it is not treated as real competition , but as ideal competition , with a unique penological response tailored to that unit of action.
Our lawyers can provide you with the appropriate advice and exercise the defense of 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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