Criminal law

Compensation for prison

Compensation for prison

We have in several articles reiterated previously the change of criterion adopted by the Supreme Court in relation to the right of those who have experienced a situation of custody to be compensated in cases of not guilty plea or in cases of dismissal. We have already pointed out that compared to the previous criterion that now exists, the Supreme…

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Misappropiation

Misappropiation

The Court of Instruction No. 3 of Torrevieja, in the proceedings Diligencias Previas No. 1861/2018, has agreed at the request of criminal lawyers of Carlos Baño Leon, involve, as a secondary civil liable, in a criminal proceeding that we were following, a well-known real estate agency of multinational scope, and given that its strong geographical location is usually franchisor, for…

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Misappropiation, fraud and insolvency offence

Misappropiation, fraud and insolvency offence

The Magistrate’s court (Juzgado de Instrucción) no 1 of Benidorm in the criminal pre-trial proceedings no 4391/22014 has dismissed the criminal actions for misappropriation, fraud and insolvency offence, which for three years have been in process against two of our customers, of German and Austrian nationality, of this criminal specialist law firm of Carlos Baño León in Alicante. The proceedings…

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Sexual assault crime. Criminal Lawyers Carlos Baño León.

Sexual assault crime. Criminal Lawyers Carlos Baño León.

Carlos Baño León’s criminal lawyers are legally assisting an Irish girl who was object of a sexual assault a year ago in Benidorm. Our criminal lawyers had appeared and are present in the criminal proceedings and have requested the examination of forensic evidence for the confirmation of the rape. The practice of this report has been positive and supposes a…

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Subsequent compensation for pretrial detention after an acquittal obtained by the Constitutional Court

Subsequent compensation for pretrial detention after an acquittal obtained by the Constitutional Court

Until today in Spain it wasn’t usual to obtain a compensation for having been on pretrial detention despite having obtained an acquittal in a trial. In these cases, the Law only recognized this right to be compensated in the event that an acquittal had been obtained for proving the innocence of the person, that is, after being proved that the crime…

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Traffic Accidents – Decreminalization in Civil Matters

Traffic Accidents – Decreminalization in Civil Matters

Read in the Spanish newspaper El Confidencial of the past day 9/12/2017 and whose interest advises us to reproduce it The decriminalization of traffic accidents, which suppressed the lack of trials in mid-2015, has led to an alarming decrease in judicial claims. The data reveal that in the last two years the criminal matters of the Spanish courts (where complaints…

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Promoter – Crime – Guarantee

Promoter – Crime – Guarantee

The mere breach by the promoter of his obligation to guarantee by means of an insurance the return of the quantities anticipated by the purchasers, in the case that the construction does not start or does not arrive at a good end, does not constitute a crime of misappropriation. Nor shall such qualification have the conduct of the promoter consisting…

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Conviction For Loan Scam

Conviction For Loan Scam

From the Spanish newspaper INFORMACION on 18/06/2017: The Audiencia of Alicante has condemned two false lenders for defrauding two businessmen in trouble seeking funding, according to the ruling to which the newspaper has had access. The events go back to 2009, at the beginning of the economic crisis, when banks had closed the credit tap. On the bench sat six…

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