The titular magistrate of the Criminal Court number 1 of Ceuta has convicted only one of the four accused of making various threats on Facebook, in events that had to do with the comments made on that social network against a male, a former sentimental partner of one of them. The only condemned It is a one-month fine at a rate of 10 euros a day as the author of a minor crime of threats, for the expressions made in the course of a discussion.
The complainants, this man and his current partner, accused the four women of subjecting them to a situation of permanent harassment via social networks and messages via WhatsApp, with use of degrading and intimidating expressions. One of the four defendants was also linked to the download of photographs from her private profile corresponding to a trip they had made abroad, with the aim of posting them on her own profile adding degrading and derogatory comments, insults and humiliations.
In the ruling, the magistrate notes that the statement of the complainant made in oral proceedings was “generic, ambiguous and sparse in details.” Likewise, regarding the notarial acts presented as a corroborating element of the messages sent, it indicates that they have a “limited” probative value inasmuch as it does not prove “the identity of the interlocutors, nor that the messages have been received by the telephone number of the accusations or that the content has not been subject to a previous manipulation ”.
In fact, the defenses focused on the lack of proof about the ownership of the phones whose WhatsApp conversations were collected before a notary public. The three defendants who have been acquitted stressed in the oral proceedings that their Facebook profiles were public and that they had not tagged the complainants in publications.
From the analysis of some content provided via notarial examination, it can be concluded that these understood offenses are subjective.
The events now sentenced date back to what happened more than five years ago, after a sentimental breakdown that led to the initiation of criminal proceedings by starting to publish comments that the complainants considered degrading against him.
The Particular Accusation requested a jail sentence for the existence of crimes of discovery of secrets, harassment or against moral integrity.
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