He Superior Court of Justice of Navarre (TSJN) canceled the absolution of the Part two of the Provincial court for a woman accused of having appropriated 306,912 euros of a woman he took care of Pamplona. THE Civil and criminal chamber of the TSJN orders the new trial with another court.
In July, the Court acquitted the defendant, that the tax worried 6 years in prison by diversion. THE private accusation request 5 years for this crime and 2 years by degrading treatment. The charges stated that the accused took advantage of vulnerability of the victim, of 84 years oldextracting money continuously between October 2017 And January 2021which led to a decrease in equity 303,400 euros.
The Court concluded that there was not sufficient evidence that the defendant had appropriated it for its exclusive interest. The sentence was appealed by the private prosecution and the Ministry of Finance considering that there was error in the evaluation of the test and offense of the right to effective judicial protection.
The TSJN argued that the personal circumstances of the witness had to be taken into account, in particular his possible hearing loss either cognitive. The Court had decided that the witness would testify without the assistance of a forensic psychologistwhich was criticized by the TSJN emphasizing that the witness did not receive the necessary support to guarantee the validity of his statement.
The magistrates stressed that the right to effective judicial protection requires that an adequate judicial response be provided. The rejection of testimony, both at trial and during evidence preconstitutedhe was considered a methodological deficit which should have been corrected by the court.
