Francisco Javier Martín Porras

The High Court of Justice of Asturias upholds a conviction for fraud by impersonation and rejects the argument that the bank’s weak internal controls exonerate the offender.

The Spanish Supreme Court upholds a conviction for criminal libel where the truthfulness test failed: a sixteen-year-old article and unidentified conversations do not establish the required verification.

The Spanish Supreme Court upholds the validity of pre-recorded evidence taken from minors and resolves the limits of cassation, sentencing individualisation and pleas raised out of time.

The Spanish Supreme Court upholds an acquittal for a road safety offence: the reading must be established at the moment of driving and cassation against acquittals does not permit reassessment of the evidence.

The Spanish Supreme Court confirms that established facts cannot be revised to the defendant’s detriment where personal evidence would have to be reassessed, and sets the criterion for reviewing court-appointed defence.

The Spanish Supreme Court confirms that the separate trial of an absent co-defendant neither compromises judicial impartiality nor predetermines the conviction.

The High Court of Justice of La Rioja upholds a conviction for attempted procedural fraud after an invoice the lawyer denied issuing was produced in fee-recovery proceedings.

The High Court of Justice of Murcia quashes a fifteen-year murder conviction after concluding that the indicia admitted alternative explanations consistent with innocence.

The Spanish Supreme Court quashes the conviction of a Civil Guard officer for unfaithfulness in the custody of documents: the duty to forward a police report is a precondition of criminality that must be proved.

The Spanish Supreme Court reinforces the restrictive reading of Article 74(3) of the Criminal Code: with several victims, one continued offence of threats must be found for each.