The man, the computer programmer, was convicted by the Alicante State Court in 2021. The Supreme Court of Justice dismissed its initial appeal, and now the Supreme Court again says no.
According to the proven facts gathered in the first sentence, it was deliberately downloaded and shared over the Internet, at least between January and November 2016. eMule program Files of obscene child pornography involving very young children, even the rape of a baby.
After detecting several downloads, the Civil Guard requested a subpoena to search his home and confiscate hard drives, computers and memory sticks. The tablet his wife used was also confiscated and returned.
In various memories and external hard drives that I keep more than 5,000 files some accused the court of photos and videos containing pedophilia, Footage showing “notorious, embarrassing and degrading treatment of minors and contempt for human dignity” by actions marked by their “brutalities” and “perversions”.
The convict argued before the Supreme Court that his presumption of innocence had been violated by irregularities in the investigation and search of his home, but the court denied this.
despite the man He had tried to erase all traces of his activity. According to the judges, Civil Guard investigators managed to track down the downloaded files to eliminate evidence, files “very difficult”.
They also flatly refuse to apply the aggravating assumption because the images are “extremely violent”.
According to the judges, if the three files that were originally presented as samples to allow the judge to search were not recovered, it may have been because they were deleted. But even if it’s a mistake they say, the test will be legitimate.
They say that “interference with a fundamental right is constitutionally justified when there is sufficient reasoned jurisdiction, and not merely by the subsequent confirmation of these causes or indications.”
Given his education and profession, the Supreme Court does not believe that the convicted person did not know that he was sharing files on the eMule program.