Repair of i damage. Undue delays

Commentary on the Tribunal Supremo of 5 december 2011

Abstract

For the special qualifications of mitigating damage repair, requires the effort made by the offender is particularly remarkable, considering their personal circumstances (economic status, family and social obligations, special temporary circumstances, etc.) and the overall context in which the action takes place. Although he qualified that does not determine the financial capacity of the subject repairman, even a factor to consider. Violated the adversarial principle with the court judgment because the prosecution did not interest rate appreciation compounded by concurrence of treachery. The procedure is not processed within a reasonable, undue delay occurring during an important period, justifying the recognition of extenuating.