Judgment of the Criminal Chamber of the Supreme Court, dated 2 June 2021

This resolution closes the ordinary criminal avenue. Its pertinent examination is not ideological but documentary: what it did with each piece it had before it.

The resolution

• Judgment of 2 June 2021, Second Chamber of the Supreme Court, cassation appeal 3241/2019.
• Rapporteur: the Hon. Mr Vicente Magro Servet.
• Verdict: dismissal of the appeal and confirmation of the conviction of the Provincial Court of Bizkaia (A.26).

The comparison the resolution allows

Take the documents elevated in the appeal (A.28) and look in this judgment for their analysis: the date of incorporation of the company (A.1), the suspended entry (A.3), the requirement of powers (A.4), the inspections preceding the payments (A.5), the complainant's statement at the plenary (A.22). The result of that search — which pieces obtain material examination and which do not appear — is the relevant content of this resolution for the file.

The effect

With the confirmation, the conviction became final: the ordinary avenue was exhausted, the period for the constitutional appeal opened (A.30) and the patrimonial enforcement ceased to have an internal procedural obstacle (A.41). Everything the appeal sought to review was clothed with res judicata — with the level of examination the preceding comparison reveals.

How to verify it

The judgment is public and identifiable by appeal number and date. Read it with the list of documents of A.28 beside you, marking which are analysed. The list of those not analysed is the inheritance received by the constitutional appeal (A.30) and the European instances (A.32, A.39).

Contrast with the original file

The complete judgment of the Supreme Court — 67 pages, rapporteur Magro Servet — appears in Bilbao Original (DOC-0112), with the ordering measures that close the appeal (DOC-0113) and its LexNET notification (DOC-0128).