Ascensión Martín

Jun

By Ascensión Martín New technologies No Comments

BANK LIABILITY IN CASES OF USE OF PASSWORDS AND CODES FRAUDULENTLY OBTAINED BY A THIRD PARTY (PHISHING, SIM SWAPPING)

Who should bear the economic consequences—the client or the bank—in the case of apparently valid and authentic transactions that turn out not to be, since they were neither carried out nor authorized by the client? That is, what happens if a third party has used the user’s credentials obtained by any means, generally technical, impersonating […]

Jun

By Ascensión Martín Criminal No Comments

Phishing. Territorial jurisdiction: Principle of ubiquity or effectiveness of the investigation

As we all know, by means of phishing the perpetrator aims to trick the recipient of an email, a phone call, or a text message into disclosing financial information, banking access credentials, or other sensitive data or into accessing fake web pages or links, thereby making a mistake and in this way obtain a disposition […]

Sep

By Ascensión Martín Criminal No Comments

Modification of the Criminal Code regarding recklessness in driving motor vehicles or mopeds

On September 15, Organic Law 11/2022, of September 13, came into force, amending the Penal Code on recklessness in driving motor vehicles or mopeds. This regulation also modifies the Consolidated Text of the Law on Traffic, Circulation of Motor Vehicles and Road Safety, approved by Royal Legislative Decree 6/2015. This reform was born with the […]

Dec

By Ascensión Martín Tax No Comments

Court warrant to enter and search the home of taxpayers

The Second Section of the Third Chamber, of Administrative Appeals, of the Supreme Court, in its Judgement No. 1231/2020, of October 1, has specified the doctrine on the requirements that must be observed regarding the Warrants to enter the home of the taxpayer, and which in large part derives from that contained in the Judgment […]

Nov

By Ascensión Martín Civil No Comments

Legitimacy of the parent to sue for the non-payment of maintenance for a child of legal age

Article 228 of the Penal Code establishes as a condition for the prosecution of the crime of abandonment of family, minors or persons with disabilities in need of special protection provided in articles 226 and 227 of the same legal text, the prior criminal legal complaint by the injured party or his representative. The recent […]

May

By Ascensión Martín Civil No Comments

Special and abbreviated procedure in family law for the COVID-19 crisis

Royal Decree-Law 16/2020, of April 28, on procedural and organizational measures to confront COVID-19 in the area of the Administration of Justice, to which we have already referred in previous articles, in its Chapter I, “Urgent procedural measures” regulates the scope of a special and abbreviated procedure in family law. We will limit ourselves to […]