A New and Sophisticated WhatsApp Scam Targeting iPhone Users Is on the Rise
The Spanish Guardia Civil and expert Lawyers in technology fraud have recently issued warnings about a new form of fraud affecting WhatsApp users on iPhone (iOS) devices. This new method is particularly dangerous because everything may appear entirely legitimate.
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Mitigating circumstance of reparation of the damage
Mitigating circumstances are considered to be those accidental elements that do not condition the existence of the crime by revealing a lesser degree of imputability, guilt or unlawfulness, which determine a moderation of the penalty established for the offence.
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Transmission and enforcement of judgments in the European Union
All decisions imposing a criminal sentence or measure of deprivation of Liberty , allow the convicted person to comply it in any EU country , provided that they has roots in the country where recognition is requested. The procedure of transmission and execution of EU judgments has a bidirectional character, since the decisions are transmitted by the issuing state and must be recognized by the executing state.
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Change in the jurisprudence of the law for simulation of false documentation offenses
At the end of last year, the sentence of Bárcenas case of the political party popular STS 1033/2024 of November 14th, developed the new legal criterion by which false contracts and invoices do not constitute a crime of false documentation by simulation, contrary to previous criteria established by the Supreme Court in STS 298/2024 of April 8.
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Crime of coercion in habitual residence
The crime of coercion in habitual residence are perpetrated to disturb the use and enjoyment of the habitual residence, something that happen in many cases where the landlord wants to coerce the tenant to leave the property, even if a rental contract has been signed and tenants are legitimized to inhabit the home.
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Monitoring of telephone communications
The monitoring of telephone communications consists on the restriction of the fundamental right to confidentiality and privacy of communications, contemplated in the article 18 of the Spanish constitution. It is a measure ordered by the Courts that is very useful to clarify criminal acts.
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The illegality of evidences
The illegality of evidences on the criminal law are bassed on the “fruit of the poisonous tree” doctrine, a fundamental legal principle that holds about any evidence obtained unlawfully through the violation of fundamental rights must be considered tainted
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¿What happened with the organic law proposal that Congress was debating to confront illegal occupation and home invasion?
Two years ago, the amendments aimed at expediting eviction for illegal occupation or home invasion were announced, which sought to introduce two modifications to the text of the Organic Law draft on organizational efficiency of the public service of Justice.
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Brexit has complicated extradition with the United Kingdom and exposes deficiencies in their prison system
The word of the judicial operators of the United Kingdom is no longer enough to ensure that people who are extradited to this country will be treated fairly and under the legal precepts regarding fundamental rights.
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Extradition process and European arrest warrant (EAW)
Extradition consists of the process of surrender a person judicially requested by one State to another, to be tried in the requesting country or to serve their sentence there. The member states of the European Union have the European Arrest warrant (EAW), an instrument of international legal cooperation in criminal matters.
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