A court investigating Sinde Commission for trespass - Association of Internet

few months ago, a court concluded that instructional Madrid manager a links page was not infringing intellectual property, considering that no store link is not “communicate publicly.” The same day, the commission Sinde had broken into the legal process to declare the exact opposite-that link was to communicate publicly, despite the judge’s decision.

class=”style3″> 10/10/2013 – Marta Peirano in doario.es. – According to his lawyer, activist specializing in Intellectual Property and this house columnist David Bravo, the commission could have committed three irregularities: not respecting the principle of criminal prejudicialidad, designed precisely to avoid conflicting resolutions; arbitrariness when giving the rulings (since the same commission told one thing and the opposite in identical cases, with few months apart ) and, finally, a lack of consistency in their own practice to ask the court if there exists pre-criminal and issue resolution without waiting for an answer, showing that the process was a mere formality aesthetics.

For these three reasons , Bravo filed a lawsuit three weeks ago by prevarication against all Sinde Commission members and alternates, including President Teresa Lizaranzu. This morning the judge in Madrid has admitted processed this complaint and has opened criminal proceedings for the investigation of the alleged offense. As the defendants all members of the Commission on Intellectual Property of the Ministry of Culture, the writ orders the party to the state attorney of the admissibility of the complaint.

The crime of prevarication is issue an unfair resolution knowing your injustice and the corresponding penalty is temporary disqualification in the exercise of public office. Article 404 of the Penal Code states in this regard that “The public official who knowingly of unrighteousness, may render an arbitrary decision in an administrative matter be punished with the penalty of disqualification for public office Time seven to ten years. “

So far, the lawyer has requested that you practice a measure of inquiry that asks for the Commission’s administrative file to see which officer or officers were involved in drafting a As has already been accepted by the court. Once identified, these individuals may be charged for the alleged commission of the crime of trespass. The resolution against the web of links has also been appealed to the High Court.