Post by account_disabled on Mar 4, 2024 21:28:08 GMT -6
The sentence appreciates the highly qualified mitigating circumstance of undue delays in a process that lasted six years
The Provincial Court of León has sentenced two men to one year and four months in prison for defrauding a woman of 9,400 euros by posing as gas installers . In addition, they will have to replace the defrauded amount plus the corresponding interest.
The sentence states that in March 2015 the defendants went to the home of the injured woman - 70 years old - located in a small municipality in the province of León with the excuse of checking her gas installation. They convinced her to change the tires on the gas Fax Lists stove, the heater and a stove, work that according to them amounted to 6,000 euros but would not cause problems for 30 years. In total, the woman paid them the amount of 9,400 euros through several cash withdrawals made at different bank branches during the following weeks.
In the resolution, the magistrates state that the victim “with the compulsion and deception of the authors, was taking out money to cover the extremely exaggerated price of this deceptive reparation (…) instructing her so that, in order not to discover the reality of the facts, justified wanting to withdraw no small amounts from his account by saying that he was going to rehabilitate his house.” For the court, it is not a simple crime but the consequence of a complex plan with a "deception concocted and planned even in the smallest details", with instructions on how and where the money should be obtained, what the victim should say to do not raise suspicions.
As for the facts, they are considered sufficiently accredited , since "apart from the victim's small forgetfulness (given her age and the time that had elapsed), she clearly and essentially ratified what she said from the beginning. There is also documentary evidence consisting of reports from the bank where the victim, with the compulsion and deception of the perpetrators, was withdrawing money to meet the extremely exaggerated price of that deceptive repair. He also bases his conviction on the statement of the Civil Guards who intervened in the investigation of the report. It also records the calls also made from a booth near the home of (...). The fact that the accused knew her wife is highlighted since shortly before being arrested they greeted her, which indicated prior knowledge of her. (…) In short, the evidence presented at the trial has been sufficient to undermine the presumption of innocence that protected the accused.
The ruling discards the appellant's allegation, which indicated that he was a drug addict in order for a mitigating circumstance to be appreciated, since his cognitive and vomiting capacity was not in any way affected by sporadic drug consumption . It does appreciate, however, the mitigation of undue delays, which applies to both the appellant and the other convicted person, taking into account that the process lasted six years. «However, it is proven that since the initiation of the case (May 2015), until the judgment now appealed was handed down (November 2022), 7 years and 4 months have passed (apart from the periods of paralysis that appear in the records). ), without this delay being attributable to the accused. Therefore, we consider that this period of time does constitute those undue delays that operate (should operate) as highly qualified," the ruling concludes.
The Provincial Court of León has sentenced two men to one year and four months in prison for defrauding a woman of 9,400 euros by posing as gas installers . In addition, they will have to replace the defrauded amount plus the corresponding interest.
The sentence states that in March 2015 the defendants went to the home of the injured woman - 70 years old - located in a small municipality in the province of León with the excuse of checking her gas installation. They convinced her to change the tires on the gas Fax Lists stove, the heater and a stove, work that according to them amounted to 6,000 euros but would not cause problems for 30 years. In total, the woman paid them the amount of 9,400 euros through several cash withdrawals made at different bank branches during the following weeks.
In the resolution, the magistrates state that the victim “with the compulsion and deception of the authors, was taking out money to cover the extremely exaggerated price of this deceptive reparation (…) instructing her so that, in order not to discover the reality of the facts, justified wanting to withdraw no small amounts from his account by saying that he was going to rehabilitate his house.” For the court, it is not a simple crime but the consequence of a complex plan with a "deception concocted and planned even in the smallest details", with instructions on how and where the money should be obtained, what the victim should say to do not raise suspicions.
As for the facts, they are considered sufficiently accredited , since "apart from the victim's small forgetfulness (given her age and the time that had elapsed), she clearly and essentially ratified what she said from the beginning. There is also documentary evidence consisting of reports from the bank where the victim, with the compulsion and deception of the perpetrators, was withdrawing money to meet the extremely exaggerated price of that deceptive repair. He also bases his conviction on the statement of the Civil Guards who intervened in the investigation of the report. It also records the calls also made from a booth near the home of (...). The fact that the accused knew her wife is highlighted since shortly before being arrested they greeted her, which indicated prior knowledge of her. (…) In short, the evidence presented at the trial has been sufficient to undermine the presumption of innocence that protected the accused.
The ruling discards the appellant's allegation, which indicated that he was a drug addict in order for a mitigating circumstance to be appreciated, since his cognitive and vomiting capacity was not in any way affected by sporadic drug consumption . It does appreciate, however, the mitigation of undue delays, which applies to both the appellant and the other convicted person, taking into account that the process lasted six years. «However, it is proven that since the initiation of the case (May 2015), until the judgment now appealed was handed down (November 2022), 7 years and 4 months have passed (apart from the periods of paralysis that appear in the records). ), without this delay being attributable to the accused. Therefore, we consider that this period of time does constitute those undue delays that operate (should operate) as highly qualified," the ruling concludes.