Misappropriation, compensation for damages and civil liability

Misappropriation, compensation for damages and civil liability

The actions that Carlos Baño Leon’s criminal lawyers of Alicante have carried out in the Criminal Court no 1 of Lleida and in Criminal pre-trial proceedings no 1708/2015-M have resulted in an important English company, client of this Alicante law firm, having obtained in its favour a high civil liability compensation, paid by the accused to avoid a conviction in the trial that for the crimes of fraud and misappropriation had been initiated in the Court of Lleida against a commission agent of our client, the English company, dedicated to the manufacture of agricultural machinery and that after a Fair, held in a Spanish town, where they had exhibited their machinery, this agent had withdrawn the machinery deposited by our client; he proceeded to sell it and appropriated the money with a double argument, one, that he was owed a commission liquidation; and another, that the rest of the money that had been deposited by him in the account of his company, had been withheld by the Tax Agency.

During the preliminary investigation committal proceedings were practiced by our criminal lawyers of Alicante that led to the result of having for accredited that the investigated had sold the machines and that and that he had misappropriated the money.

Misappropiation - lawyers alicante

Criminal Lawyers in Alicante

Both the Public Prosecutor’s Office and our criminal lawyers in Alicante, Carlos Baño León, issued the relevant indictment in which they not only requested a sentence of deprivation of liberty for the alleged crimes committed but also requested the payment of a significant amount as civil liability, assessed in this case on the value of the lost machinery by our English client due to the criminal conduct of its commission agent.

On the contrary, the accused in his statement of defense requested acquittal, but once the trial had been indicated, negotiations began with the aim of reaching an agreement and appearing on the day of the hearing with a refund of the money and with the renunciation on our part as a private accusation.

Prior to the hearing, the Spanish criminal system allows the investigated party to negotiate agreements with the injured party or victim, which are then presented to the Public Prosecutor’s Office in order to try to minimize the sentence or acquittal, and for this purpose, compensation for damages assessed in civil proceedings is an indispensable condition.

In our case, our criminal lawyers negotiated until the last moment, hours before the trial, because we not only wanted to get the refund of the market value of the machines but also the expenses and costs incurred and after a skillful and, why not to say it, a tough negotiation reached the agreement by which the defendant assumed an important compensation payment for civil liability arising from a crime after which criminal lawyers from Carlos Baño Leon went to trial and withdrew their actions, both criminal and civil, stating that we withdrew as private prosecutors having seen the debt satisfied and that we had nothing to claim the investigator.

Once this had been expressed, the accused reached an agreement with the Public Prosecutor’s Office and obtained an acquittal.

Alicante Lawyers

Whenever our Alicante lawyers, Carlos Baño León, see evidence of the commission of a crime in the proceedings that are being investigated, the client is advised to file criminal actions, not only because this is the relevant jurisdictional procedure, but also because we have proven experience, that it is usually a suitable mechanism to obtain criminal redress for damages caused that normally in civil proceedings would never be obtained since in these cases the person who has committed a crime is not usually solvent at least apparently and the criminal action and the fear of a criminal conviction achieves what the civil action sometimes does not get, that the debtor pays.

Of course, in the vast majority of cases, the competent jurisdiction is civil and nothing can even be attempted, but when there are signs of criminal action, promoting this procedure, which we should not forget that seeks civil satisfaction for damages caused by the commission of a crime and has always been very positive for this law firm in Alicante of Carlos Baño León.


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