The Criminal Law Department of BUFETE AMORÓS S.LP obtains the free acquittal of one of the employees of the entity Elecnor SA, in criminal proceedings against him and other colleagues, who had been accused by the Public Prosecutor; by the entity ELECNOR SA and by the company IBERDROLA SA.U for the alleged commission of a Crime of Misappropriation and subsidiarily, for the commission of a Crime of Theft.
The events consisted in the fact that several Elecnor employees, during a long period of time and in the exercise of their daily professional occupation, were left with used wiring and metallic remains, property of IBEDROLA SA, obtained on the occasion of their repair and replacement work. carried out on behalf of Elecnor SA. Subsequently, said employees proceeded, during working hours and provided with uniforms and ID to sell said material, to then distribute the profit obtained among the different work groups created.
On the part of Iberdrola SA the sum of 5620.37 euros was claimed and on the part of Elecnor SA the sum of 34,891.40 euros, for economic damages suffered as a consequence of the above events.
On 07/25/2017, the Criminal Court No. 10 of Valencia, on the one hand, acquits all those accused of the Crime of Misappropriation of which they had been accused, understanding that, in their conduct, the requirements did not meet legal for it. On the other hand, it also absolves all those accused of the Theft Crime of which, in a subsidiary way, they had been accused by the Prosecutor’s Office and the rest of the accusations, to understand, applicable to the case the occurrence of an ERROR IN THE TYPE of the Article 14 of the Penal Code, considering that the defendants always acted under an error in the alienation of the material, since it was a habitual practice in the company and was carried out during working hours. Therefore, the Judge understands the defendants were not aware of the commission of any crime. As stated in the Judgment, the Defense of one of the employees -a lawyer belonging to the Criminal Law Department of Bufete Amorós SLP- invoked the application to the case of the TYPE ERROR that led to the declared acquittal.
The acquittal judgment issued by the Criminal Court No. 10 of Valencia has been confirmed in full on 06/18/2018 by the Second Section of the Provincial Court of Valencia, thus dismissing the Appeal filed by Elecnor SA and to which the Fiscal Ministry and Iberdrola SA adhered.
