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Civil Procedure. Res judicata. Claim preclusion of the facts and legal.

Supreme Court Judgement of March 10, 2011.

SECOND .- The first and second grounds of appeal alleging the violation of the provisions of sections 222 and 400.2 of the Act Civil Procedure, to understand the appellant that had seen the concurrence of the doctrine of res judicata.

The contested decision addressed the study of the exception in point of law first and, after reflecting the jurisprudence of this Court on the matter, concluded that "applying this doctrine to the case file that are different from the legal relationship on which the dispute arose earlier and held in the same claim, as the Ordinary Judgement 1 / 2002, brought before the Court of 1 st Instance No. 7, Benidorm, was on eviction and payment income, occupy different parts legal situation, and today it was plaintiff who once using the now defendant and appellant of a title or legal reason to ask (the contract contained in a private document of September 24, 1999) whose existence is not even brought out, whatever the reasons for it, in the previous case whose decision today is to enforce the sanctity res judicata pro veritate habetur-of res judicata. "

Such arguments are sufficient to reject the doctrine of res judicata.

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Criminal Procedure. Criminal - P. Special. Measures to prevent police and insurance, occupation and custody of the objects provinieren crime or related to its implementation. Correction of the chain of custody. Drug trafficking. Cocaine. Notable importance. Civil

Supreme Court Judgement of March 10, 2011.

FOURTH: The second argument under art. 849.1 LEC. to have been misapplied art. CP 369.1.6. to have been a material error as to the calculation of the margin of error in the contested decision and that of the same weight of the substance used as in the calculation of its purity the amount does not exceed the limits under which the case is apply art. SC 369.1.6. (Sic).

The appellant is certainly confusing and sometimes unintelligible notes that "while all the time is taken into account when assessing a substance known as listed in Opinion and then subtracted discontinued subsequent opinion that the names of them are crossed with the colloquial name of the same, which is beginning to talk about a number of bags and then another, etc ... among all these doubts, errors and other evidently a representation is not without doubt that the substance seized and the case file kept in was the same as other post and valued opinions.

That also gathered all the bags and other non-individual being able to know what was the weight of the substance of questionable acts position themselves to rebut the presumption of innocence of the accused himself. (Sic) the complaint is unfounded and must be dismissed.

As the chain of custody to the problem of "we said in SSTS. 1190/2009 of 3.12 and 6 / 2010 of 27.1 - is to ensure that after sampling the traces related to the crime until they come to fruition as evidence at the time of trial, that on which lie the immediacy, advertising and contradiction the parties and the opinion of the judges is the same. It is through the correct chain of custody as it satisfies the guarantee of "sameness" of the test. It has been said by the doctrine that the chain of custody is a figure taken from the reality that pervades legal value to where appropriate, identify throughout the narcotic unit, for having to go through different places for the corresponding tests are verified, you must have full assurance of what moves, what is measured, which weighs and what analyzed is the same at all times, from the very moment it is collected from a crime scene until the final building is studied and destroyed.

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- Contracts. Housing sales contract plan. Default default attributes. Obligation of the developer to deliver housing offered in accordance with the building specifications and advertising that are integrated into the contents of the contract. Criminal

Supreme Court Judgement of March 8, 2011.

SECOND. Reason first. Misapplication of Article 1101 CC. Insists on non-attendance of non-compliance the contract because to do so would have required that the subject had been sold than the agreed or had imperfections which would have produced the complete dissatisfaction of the buyer. Vices have been simply crippling, although the Arts. CC 1480 and 1486 are not applicable, because the demand is not addressed to reparations for hidden defects, but defective derivatives contract compliance.

This plea was rejected.

Art. LOE 9 defines a promoter as any person who "[i] ndividual or collectively, decide, drives, programs and funds, own or other resources, the building work for themselves or for further sale, supply or transfer to third parties under any title. " The jurisprudence of this Court has been attributed to the sponsor's obligation to respond in damages caused by debris from the work, according to art. CC 1591 (from the STS of January 25, 1982, many others). This responsibility concrete Management Act of Building, 5 November 1999 (LOE), whose art. 9, defining the shape of the promoter has already been transcribed.

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- P. General - P. Special. Crimes against public health. Drug trafficking. Transportation of cocaine. Possible fraud. Deliberate ignorance.

Supreme Court Decision of 10 March 2011.

SECOND .- - As to the presumption of innocence must remember that it is a presumption that only deals with facts as facts can be tested, even to the extent that the activity of proof required art. 24.2 has to be linked to the crime subject to a sentence, it is necessary that the evidence against him relates to the underlying facts of all the objective elements of crime and subjective elements such as are determinants of guilt, but are outside circumstances such a presumption concerning the legal status and the possible existence of mitigating circumstances to criminal responsibility, which must be accredited as the typical fact-dependent (SSTS. 29.11.1999, 23.4.2001, 28.2.2007), but may be presumed to exist, while the accusations do not prove otherwise.

can not understand being so produced no infringement of the right to presumption of innocence. The defendant's version of lack of awareness in the bag briefcases for nearly two kilos of cocaine, is inconsistent with the rules of logic and lessons of experience.

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