| The Comments |
Is it true that if you get 3 denuncias against you you are expelled from Spain?
0
Like
|
Hardly likely if you mean EU nationals. No idea about other nationalities.
0
Like
|
People throw Denuncias around like discarded tissues...and they are tossed around because it is a bad leftover habit of the Franco regime where people would constantly inform on others. Most countries that have had far right or far left regimes tend to have this annoying custom.
0
Like
|
Ojo
My experience is totally different from yours. In the 15 plus years I have been working with the police I cannot recall any out and out false allegations. In the couple of cases where I have suspected there might be an intention to make a false report, I have pointed out that in Spain it is a serious criminal offence to make an allegation which one does not believe to be true.
As for the ´three strikes and out´ you can safely put that piece of info in the box with the other bar room fairy tales.
0
Like
|
Johnzx, where in my post did I use the words "false allegations"? Your words not mine, a denuncia or "complaint/report" in English Is just that, nothing else and I stick by my post they are thrown around For the most petty things to yes more serious things.
0
Like
|
OK. I have no experience of people making dununcia in the sense 'People throw Denuncias around like discarded tissues.'
Sorry I took your post to mean people do so without legally justifiable reason
http://decottamckennaysantafe.typepad.com/decottalaw/2011/06/spanish-criminal-proceedings-the-denuncia.html
A denuncia is a private criminal allegation against an individual, company or other legal body.
0
Like
|
Nice one Ojo, unlike some I understand what you meant, you should try Germany, still full of little hitlers reporting people for the most petty things, must be bred into some countries.
0
Like
|
Ironically, the only time we've been the subject of a denuncia in Spain, it was an English couple who denounced us. They waited until we'd gone back to the UK for the summer and then did a denuncia, because they didn't like the fact that where we were building we could overlook their land. They were told in no uncertain terms that we could do what we liked, as we were doing it legally and with permission. And I have observed this phenomenon a few times in the UK, with people reporting on colleagues when they're on annual leave... it is, of course, quite cowardly to do it when the person is absent. So I'd say Brits know how to do it, too.
_______________________
My account of moving to Spain. http://www.eyeonspain.com/blogs/olives.aspx"><img
0
Like
|
Surely many allegations made are purely because somone has got upset over some issue or other without any real foundation. Where does the burden of proof lie?
Do they not at the end of the day come down to one persons word against anothers, unless of course witnesses can be persuaded to come forward.
What is the responsibility of the police once a denuncia has been made by an individual against another or even a Community?
Conversely, how much proof is needed for a Community to make a denuncia against a tenant for breach of the bye laws?
0
Like
|
Hugh
Surely many allegations made are purely because someone has got upset over some issue or other without any real foundation.
As I said, if that amounts to a false allegation, it is a crime in Spain.
What is the responsibility of the police once a denuncia has been made by an individual against another
Apart from taking any immediate action which is required, all criminal matters are forwarded to a judge in the First Instance Court, who then directs and supervises any action to be taken.
Conversely, how much proof is needed for a Community to make a denuncia against a tenant for breach of the bye laws
I believe a denuncia is an allegation of crime, thus bye law offences would not be included. (If they are, then in 15 years working for the police, I have never known of such a case).
(QUOTE: A denuncia is a private criminal allegation against an individual, company or other legal body).
0
Like
|
Thanks John Interesting as we have any number of individuals threatening denuncias against the Community because they are not happy about something. Idol threats by the sound of your definition. Do you happen to know how a Community could enforce a bye law against a persistent offender if not being able to use a denuncia?
0
Like
|
Hugh Do you happen to know how a Community could enforce a bye law against a persistent offender if not being able to use a denuncia?
I will pass on that one, as I have insufficient knowledge of Horizontal Property Law (Ley de Propiedad Horizontal, the legislation which governs Communities) This may help but it is in Spainish. http://www.boe.es/buscar/act.php?id=BOE-A-1960-10906
As for people ‘threatening denuncias.’ Many people believe the term means ‘to make a complaint’ in the English sense of ‘to denounce’ and thus use the word when they mean they will make a complaint, e.g. ‘I will complain (make a denuncia) to the president if you do not turn the TV down.’.
i WILL PASS ON THAT ONE AS i HAVE INSUFFICIENT KNOWLEDGE RE THE HORIZOZ
This message was last edited by johnzx on 15/10/2013.
0
Like
|