Concealment of assets and embezzlement. The accusatory principle

Commentary on the Supreme Court of 17 October 2012

Abstract

The typical action of concealment of assets, is comprised of a previous act: the disposal of the property to just make it inaccessible to power after the creditor however can not enforce their credit. Case No instance qualifies as uprising promoting third party domain. On the contrary in its second legal basis proclaims that the presentation of the document at trial did not constitute a separate offense. This alienation is proclaimed as proven in criminal proceedings, and such a claim can not be affected by the result of evidence to the effect achieved in other non-criminal process. The invoked document, the judgment of arbitration of domain, does not determine for yes alone the veracity or not of the granted sale and of the plan with which it became the same, that was not other one that to prevent or, at least, to impede the accomplishment of his credit for the creditors. The description is empirical and historical facts and his claim must be analyzed by the Court in terms of true or false. But this is strictly subject to which the subject stands in the process. In such a way that, if the Court extends the content of the charge of the indictment in that paragraph, what it does is take part function. That is no longer impartial third party called to establish the historical judgment that paragraph should reflect on proven facts. The assessment of the facts described merit in legal terms, the rating is also involved as a subject of debate, and closely related to the subject of the proceeding, to the extent that it should be confined to those facts.