Post by account_disabled on Mar 12, 2024 4:02:28 GMT
For this reason, it has convicted the accused as the author of a crime against public health , in the form of substances that cause serious damage to health, as well as a crime of abuse in the family environment. In addition to the prison sentence, she has disqualified her from exercising parental authority for two years and has imposed the deprivation of the right to own and carry weapons for two and a half years.
The Chamber concludes that there was a violation of the protected legal good, that is, public health, since it highlights that the drug "was administered to a baby, by her mother, who was the one who had custody of her." However, it Email Data indicates that " the exposure of the minor to such drugs did not cause harm to her physical integrity ", which is why it includes the conduct of the accused within the criminal category of mistreatment of her daughter. . The magistrates highlight the “ premeditated attitude ” of the convicted woman, who denounced “the sleepy state that her daughter presented when she returned from visits with her father.” The sentence is not final, since an appeal can be filed against it before the TSXG.José María Erausquin: “The recent ruling of the Provincial Court of Palma de
This lawyer denounces that this ruling maintains the Supreme Court's improvised concept of good faith based on the fact that, being an official index, the IRPH is already legal for that reason
On July 13, 2023, the CJEU issued ruling C-265/22 establishing the relevance of the information contained in Circular 5/94, of the Bank of Spain, when the national judge proceeds to carry out both the transparency trial and the abusiveness trial in cases of the application of IRPH rates .
It follows from the aforementioned ruling that the national judge must verify whether the professional informed the contracting consumer of the existence of the aforementioned circular and its content, if access to said circular, for the consumer, was especially difficult, and if the professional complied with the requirement to incorporate a negative differential in order to prevent, derived from the peculiar method of calculating the IRPH rates and the fact that APR rates are used in their determination, the APR of the operation would be above the Market APR.
The Chamber concludes that there was a violation of the protected legal good, that is, public health, since it highlights that the drug "was administered to a baby, by her mother, who was the one who had custody of her." However, it Email Data indicates that " the exposure of the minor to such drugs did not cause harm to her physical integrity ", which is why it includes the conduct of the accused within the criminal category of mistreatment of her daughter. . The magistrates highlight the “ premeditated attitude ” of the convicted woman, who denounced “the sleepy state that her daughter presented when she returned from visits with her father.” The sentence is not final, since an appeal can be filed against it before the TSXG.José María Erausquin: “The recent ruling of the Provincial Court of Palma de
This lawyer denounces that this ruling maintains the Supreme Court's improvised concept of good faith based on the fact that, being an official index, the IRPH is already legal for that reason
On July 13, 2023, the CJEU issued ruling C-265/22 establishing the relevance of the information contained in Circular 5/94, of the Bank of Spain, when the national judge proceeds to carry out both the transparency trial and the abusiveness trial in cases of the application of IRPH rates .
It follows from the aforementioned ruling that the national judge must verify whether the professional informed the contracting consumer of the existence of the aforementioned circular and its content, if access to said circular, for the consumer, was especially difficult, and if the professional complied with the requirement to incorporate a negative differential in order to prevent, derived from the peculiar method of calculating the IRPH rates and the fact that APR rates are used in their determination, the APR of the operation would be above the Market APR.