Tuesday, May 3, 2011

Cancellation Letter Of Telephone Connection

Criminal Procedure. For costs. Including the costs of the prosecution. Civil

Supreme Court Judgement of March 15, 2011.

FOURTH: The first reason for violation of law under the provisions of art. 849.1 LEC. for having violated criminal provisions of substantive character, particularly the arts. CP 123 and 124. and legal doctrine and jurisprudence, given that the order for costs should be included those generated by the standing and intervention in the case of individual allegations. Not being true that the coast has been requested since the public prosecutor, in his provisional qualifying expressly requested the court costs, and although it is true that this part of the provisional indictment failed to respect such a request, in the act of trial acceded to requests made by the prosecutor and did request the imposition of costs of prosecution.
Therefore when applying for the assessment of costs, if only he had asked the Public Ministry, there is no express exclusion of the prosecution, and should therefore included, as the art. CP 123, as a rule, because their performance has not been useless or superfluous.
The plot development is necessary to recall the reason the doctrine of the Board regarding the taxation of the costs of bringing a private collection, among others, SSTS. 833/2009 of 28.7, from 24.3 335/2006, 1510/2004 to 21.11, 1731/2001 to 9.12, remember, that the costs of the private prosecutor to be included among the sentenced imposed, unless the claims that were manifestly disproportionate, misleading or heterogeneous with respect to those deduced by the prosecution or contained in sentencing, relegated into the background the old criteria of relevance.
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