We got justice done.
In this entry we upload another resolution, by way of example, of cases that we have been handling effectively for years in our professional office, exercising legal defense of those accused or investigated (previously “imputed”), specifically for crimes of fraud and forgery.
Our client was a manager of a large vehicle dealership that was involved in the commission of a plurality of scams perpetrated against banking entities and individuals.
After more than 8 years of instruction and a request for an initial prison sentence of more than 5 years by various private accusations, we obtain an acquittal for the client.
Now well, the road was not easy. In principle, no accusation had been made by the Public Prosecutor's Office, nor had it been maintained by the true Private Accusation before the Order to Open the Oral Trial, reason why, the analogical application of art proceeded. 782.1 Criminal Procedure Law, which says “If the Public Prosecutor's Office and the private prosecutor request the dismissal of the case for any of the reasons provided for in the articles 637 y 641, the judge will agree”.
Since there was no true provisional accusatory qualification against our client before the Order to Open the Oral Trial, The ex post appearance of the injured banking entity as a Private Accusation in the events in which our client was involved was not appropriate., at least, in front of this, or else, the accusatory principle was violated, as is well known, It is part of the fundamental rights to a process with all the guarantees and to effective judicial protection of the article 24 of the Carta Magna (among other STC 53/1989 of 22 February).
We knew the doctrine of Our High Court regarding the possibility of presentation of the Private Accusation, even, at the time of trial, as he illustrated to us, among other sentences, at nº 385/2015, 2nd Criminal Chamber 25 June of 2015.
The accusation was eventually dropped., and in the judgment the free acquittal of our client was declared..
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