Provincial hearing Valencia, Sentences 11 Julio 2018
Newspaper the Law, Number 9363, Section the Sentence of the day, 21 of February of 2019, Publishing Wolters Kluwer
The sentence declares that it is before a crime of property to criminal group because the coordinated operation exceeds the mere transitory union, extending in the time and for the reiterated criminal commission that appears with a clear distribution of functions.
The defendant, employees of an organization dedicated to the wholesale distribution and provision of medecines, products of parafarmacia, optics and orthopaedics, some by own decision and other positions in agreement, removed an enormous amount of products of the warehouse with the intention to obtain an illicit economic benefit.
The sometimes removed products were destined to own consumption or to the one of people near his surroundings and, sometimes, they gave them to one of the codefendants who were in charge to sell them to a third party.
The particular accusation and the Fiscal Ministry accuse by a continued crime of theft and another one of property to criminal group. It also accuses the particular accusation by a crime against the public health when considering that the group distributed numerous amounts of medecines destined illegal to parallel export.
The test of private detectives is not illicit because they were contracted by the company to state the suspicions that they had of lack of merchandise without justifying, does not stop to investigate a crime of theft or any other.
Also the test of recordings caught by the cameras of vdeovigilancia of the company is allowed. Informed the workers into the installation of visible cameras, they were not it of the hidden installation of cameras, but it yields in the case the right to the privacy of the worker against rights superiors as it is it the right of property of the company and the protection of the public health, taken care of the nature of removed medecines.
This test, together with the conversations and messages of WhatsApp that were object of telephone interventions, valued in the context in which they took place, and the house searches, reveals of obvious way the concert with which the defendant acted and how they unfolded his behavior to the tried illicit aim.
The Hearing decides the acquittal of two of the codefendants because if its participation were it by way of contributor for a reason or purpose lucrative with respect to the theft crime in whose responsibility it came implying itself to another one from the defendant, and with respect to this one the extinction of its criminal responsibility to the salary passed away prior to the oral judgment was declared.
The sentence declares that it is before a crime of property to criminal group because the coordinated operation exceeds the mere transitory union, extending in the time and for the reiterated criminal commission that, in addition, in this case, appears with a clear distribution of functions.
The Hearing with the particular accusation as far as the crime against the public health differs because, although the subtraction of a dangerous medicine for the health was caught by the cameras, has not been possible to verify that it was made arrive at a third party nonidentified.
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