Post by account_disabled on Mar 12, 2024 3:42:27 GMT -6
According to the statement issued by the prosecution, in view of the public statements made by Jennifer Hermoso, “the sexual act suffered by her and carried out by Mr. Rubiales was not consensual .” For this reason, the Prosecutor's Office of the National Court opened pre-procedural investigation proceedings to investigate the facts that could constitute a crime of sexual assault , provided for and punished in art 178 CP." The complaint that is being made now would directly open a judicial investigation, which can be pursued at the request of the prosecutor's office once the victim initiates the process .
Point 4 of Circular 1/2023, of March 29, of the Email Data State Attorney General's Office, on criteria for action by the Public Prosecutor's Office after the reform of crimes against sexual freedom operated by Organic Law 10/2022, of 6 September : “In any case, surprise or fleeting touches on erogenous zones are worthy of criminal reproach, even when carried out over clothing (SSTS 227/2021, of March 11; 524/2020, of October 16; 632/2019, of December 18); kisses on the mouth (SSTS 165/2022, of February 24; 702/2022, of July 11); or touching non-erogenous zones when the circumstances of the case justify considering an attack against sexual freedom (STS 107/2019, of March 4).The heirs will have direct action against the insurer to demand compensation
The Provincial Court of Cantabria has recently issued a ruling that recognizes the right of the deceased's heirs to claim compliance from the insurer with the obligation to compensate the victim's personal damages caused in a traffic accident .
Despite the fact that the Court of First Instance No. 6 of Santander completely dismissed the lawsuit filed by the heirs of the deceased when it understood that the actors lacked legitimacy to demand compensation from the insurer for the personal damages caused in the accident. traffic, the Provincial Court of Santander has upheld the appeal filed by the family members against the lower court ruling.
The Provincial Court of Santander has understood that the appeal should be favorably accepted, since the sentence handed down at the instance manifestly infringes the provision contained in art. 76 of Law 50/1980 on Insurance Contracts (LCS) , which establishes that the injured party or his heirs will have direct action against the insurer to demand compliance with the obligation to compensate.
Point 4 of Circular 1/2023, of March 29, of the Email Data State Attorney General's Office, on criteria for action by the Public Prosecutor's Office after the reform of crimes against sexual freedom operated by Organic Law 10/2022, of 6 September : “In any case, surprise or fleeting touches on erogenous zones are worthy of criminal reproach, even when carried out over clothing (SSTS 227/2021, of March 11; 524/2020, of October 16; 632/2019, of December 18); kisses on the mouth (SSTS 165/2022, of February 24; 702/2022, of July 11); or touching non-erogenous zones when the circumstances of the case justify considering an attack against sexual freedom (STS 107/2019, of March 4).The heirs will have direct action against the insurer to demand compensation
The Provincial Court of Cantabria has recently issued a ruling that recognizes the right of the deceased's heirs to claim compliance from the insurer with the obligation to compensate the victim's personal damages caused in a traffic accident .
Despite the fact that the Court of First Instance No. 6 of Santander completely dismissed the lawsuit filed by the heirs of the deceased when it understood that the actors lacked legitimacy to demand compensation from the insurer for the personal damages caused in the accident. traffic, the Provincial Court of Santander has upheld the appeal filed by the family members against the lower court ruling.
The Provincial Court of Santander has understood that the appeal should be favorably accepted, since the sentence handed down at the instance manifestly infringes the provision contained in art. 76 of Law 50/1980 on Insurance Contracts (LCS) , which establishes that the injured party or his heirs will have direct action against the insurer to demand compliance with the obligation to compensate.