this Court of Alicante acquitted real estate manager and lawyer a alicante building be accused by procedural fraud Upon a complaint from the community, judgment to which this newspaper has access. The decision which is not final and appealed against, Supreme Court of the Communitynot considered proven or what the two defendants, who were married, did”fake intrigues“to prevent neighbors from applying to the municipality lawyer’s minutenor the amount of minutes in question 25,000 euros was disproportionate, so they are exempted from the crimes for which they were charged.
Special accusation by both the Prosecutor’s Office and the community accused them of committing crimes. hid the order attorney claimed fees from a previous case for the construction defects claim. They argued that by not having access to this document, the deadlines expired without giving the neighbors the opportunity to challenge the minutes, so that the lawyer could request the seizure of the accounts. this The prosecutor asked for three and a half years two years and three months’ imprisonment for the lawyer; while Special accusation demanded four years for both.
The Court considers that it has been proved that the notification was delivered on the date. 12 May 2014 person arrested by a court official and property manager and charged in this case in the absence of the head of the congregation. The document in question reported that the community had ten days to object to the requested payment. The defendant assured that he had offered to deal with the documents and left them in the mailbox of the president. The Court is skeptical of this version and points out that: neglect of professional due diligence by not informing personally of the suitability of receiving the request, given short term available make a decision”. The court found that the envelope was sealed and that the accused I couldn’t understand what the content wasyes, it can be assumed that he knew about the allegation his wife just made against the congregation”.
The Court considers that the main evidence against this defendant is the defendant’s testimony. community headhowever, this alone is not enough to invalidate the presumption of innocence. In this sense, he remembers all the contradictory data in his statement with the date dances in the documents, which he declared in court for the first time. five years after the events.
In any event, the magistrates stress that although the accused had deliberately withheld the document, it was not proven that his wife knew about it. Although assumptions can be made based on the marital relationship between the defendants, no certainty. power says the chosen procedureor request payment of fees was the right one and she couldn’t guess it was her husband Who collects the documents? It is a fact that the court considers relevant, since procedural fraud can only be committed by persons who are parties to a legal transaction and not by third parties unrelated to that transaction.
Likewise, the sentence emphasizes that none of the charges mention the unfairness or unfairness of the alleged bill. “ANDThe amount of this minute is less than the costs. Emphasizing that the case was accepted for the other defendants as well, therefore, the principles regarding the calculation of the minutes were predicted in advance, and they reminded that the plaintiff community did not use its ordinary authority to file a lawsuit. where to pay the amount of the debt held with the lawyer.
Withdrawal of the prosecutor at the end of the trial
In its final report at the trial, the Prosecutor’s Office had already stated that the evidence against the lawyer was insufficient. The Public Department continued to charge the property manager, but noted in its report doubts as to whether there was sufficient evidence to claim that he may have acted in collusion with his wife in demanding payment of the minutes. For official purposes, he kept the charges against him, but in practice, he left the door open for his acquittal. Here are some of the arguments Chamber used for acquittal. jam