Case law and legal doctrine

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.

The Provincial Court of Pontevedra fixes the starting point of the limitation period for fraud against European Union budgets at the final determination of the sum owed.

The Spanish Supreme Court upholds a murder conviction resting solely on circumstantial evidence and raises the sentence to a reviewable permanent prison term for the victim’s particular vulnerability.

The Provincial Court of Alava upholds the acquittal of twenty-one people and delimits the elements of Article 172 quater of the Spanish Criminal Code: acts of sufficient gravity to undermine freedom are required.

The Spanish Supreme Court excludes the aggravation of Article 197(7) of the Criminal Code in the covert recording of a former partner: the aggravation presupposes a recording obtained with consent and later disseminated.