What constitutes spoliation of evidence?

What constitutes spoliation of evidence?

Odyssey marine exploration

Be it known to all the citizens that the Parliament of the Canary Islands has approved and I, in the name of the King and in accordance with the provisions of article 12.8 of the Statute of Autonomy, enact and order the publication of Law 2/2008, of May 28th, of the General Body of the Canary Islands Police Force.

Law 9/2007, of April 13, 2007, on the Canary Islands Security and Emergency System and amending Law 6/1997, of July 4, 1997, on the Coordination of the Local Police of the Canary Islands, constitutes the regulatory instrument that defines the content, principles and bodies of the Canary Islands Security and Emergency System and adapts and updates the mechanisms of coordination of the local police of the Canary Islands.

The Statute of Autonomy, however, also contemplates the security system from a more organic perspective, enabling the possibility for the Autonomous Community, if its competent representative institutions deem it appropriate, to create its own police force, in accordance with the provisions of the Organic Law provided for in Article 149.1.29 of the Constitution.

What is spoliation

The Court then expressly rejects the appraisal of the lower court judge in sustaining the lack of malice on the part of the co-defendants in the fact that they were unaware at the time of the sale of the company of the existence of the legal proceedings for claiming the debt. He counters that art. 257 PC refers to a proceeding initiated or foreseeable to be initiated, being reiterated jurisprudence of the Supreme Court which establishes that, for these purposes, it is sufficient that the debt, although not fully enforceable as such, does constitute a well-founded expectation. From this premise, he argues that “the creditor nature of the plaintiff company derives from the legal transactions between the parties, and the existence of the debt with it, well before the conduct for which they have been accused, could not have been unknown to them, Especially when the defendant himself acknowledged in his statement in the plenary session that he knew of the existence of a debt, and the documents provided include a Decree of the City Council that awarded and owned part of the land that was the object of the execution contract stipulated between the parties in which it was agreed to initiate proceedings against the builder and promoter and to decree the suspension of the works”.

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Galleon Maria de las Mercedes

That is the main conclusion drawn by Arturo Colorado Castellary, professor at the Complutense University of Madrid, in his new research, Arte, botín de guerra (Cátedra). This volume, focused on analyzing Franco’s patrimonial policy – “comparable to the Nazi plundering of Jewish collections”- completes two others previously published by the author: Éxodo y exilio del arte (Cátedra, 2008), on the massive departure of artistic works such as those from the Prado Museum after the outbreak of the Civil War; and Arte, revancha y propaganda (Cátedra, 2018), where he analyzes the instrumentalization that the new regime made of heritage during World War II -it compared, for example, the “theft of the Reds” with the Napoleonic plundering of the 19th century-.

One of the most bloody episodes described in the book is the plundering of the works of art of Republican politicians, military or intellectuals who were imprisoned, had to go into exile or died during the war. The most paradigmatic case is that of Pedro Rico, mayor of Madrid between 1931-1934 and at the beginning of the war, who had an important collection that was disseminated among different institutions, as if it were a spoil of war, from the Civil Government of Las Palmas to the Museum of Modern Art.

El tesoro de la mercedes” returns to spain

In 2008, the City Council terminated the contract with the construction company for serious breach of contract. With the subsequent suspension of the project, the building was abandoned and in ruins until today.

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Since the day of the suspension, there has been a progressive theft of the goods inherent to the palace, with two possible hypotheses: that the aforementioned objects were stolen during their transfer to an industrial warehouse, or that they disappeared once they were deposited in the warehouse itself.

Given the incessant plundering suffered in the palace and in view of the more than possible crime against the Artistic Heritage contemplated in articles 321 to 324 of the Penal Code (hereinafter CP), a well-known citizen of Ecija denounced the facts, thus causing the opening of criminal proceedings.

However, little by little this initiative was losing consistency due to the lack of willingness to obtain concrete evidence of the possible criminal acts, the difficulty of locating the main accused, whose address for notification purposes turned out to be a boat located on the Mediterranean coast, and other reasons that are not relevant. In this way, the aforementioned political party withdrew its action, and therefore, the popular accusation disappeared.

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