Estafa procesal en relación con una enervación de una demanda de desahucio

Abstract

Person who rents an apartment and pay several monthly rents. Upon detection of the occurrence of the essential elements of the scam, the conclusion on the existence of the crime of Article 258 of the Criminal Code in relation to 259.1.2. However, the cause of the failure of the judge is due to ignorance of the law from recognizing as payment for eviction action unnerve a note (until payment is not made) and can therefore be interpreted in good faith or simple procedural irregularity by the defendant, the fact that the notes made and withdrawn when he found that, in the absence of acceptance of payment by the claimant, who had accumulated a request for compensation for amounts owed, was to continue the eviction, not getting a legitimate initial purpose to enervate the eviction action.