ESTIMATION OF OUR APPEAL REMEDY IN THE CRIMINAL JURISDICTION
This was a complex case in which we were entrusted with formulating an appeal against a sentence that sentenced a prison sentence for a continuing crime of fraud and we obtained acquittal for that crime., and the client, finally, avoided going to prison.
The matter was difficult because we had the prosecutor's office and three private accusations in front of us., and it was also essential to dismantle the condemnatory argument of the criminal court and to structure well the foundation regarding the absence of fraud in the conduct of the active subject., and therefore, that a conviction for fraud was not possible.
As it has been repeatedly and peacefully maintaining jurisprudence, regarding the moment in which deception should appear in the agent's fraud dynamics, the machination or deceptive artifice on the victim must precede or be concurrent, not criminally assessing the “subsequent trickery“, this is, the supervening and not prior to the conclusion of the business in question, This being so because it is the insidiousness or machination deployed by the active subject on the passive subject that determines the error in the victim., which, in turn, generates the act of asset disposal.
That is why the need for a causal relationship between the deception and the damage caused must be emphasized., offering this as a result of that.
Our reason for the appeal focused on the absence of intentionality at the time of perfecting the service provision contracts.. And they proved us right.
We are happy as professionals for the estimate of the resource and obviously, also on a personal level given that our client had the sword of Damocles for many years and the uneasiness of being able to go to prison.
Justice was done.
If you have a similar situation, Do not hesitate to contact the office and hire our legal services because the important thing is to feel calm.
