Criminal law

An overview of Spanish equal treatment legislation and of the applicable criminal provisions, explaining why the reversal of the burden of proof does not operate in criminal proceedings.

The Provincial Court of Castellón imposes one year of imprisonment by conformity judgment on a guest who left a hotel after twenty-six days without paying 2,283 euros. Analysis of antecedent intent.

The Provincial Court of Salamanca imposes one year and eleven months of imprisonment for ten ATM withdrawals made with the card and PIN of a woman of ninety-seven, excluding the operations that were not proved.

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.