The marriage of satisfaction to legalize the residence without altering the personal documentation, does not constitute falsification crime
Provincial hearing Soria, Sentences 25 June 2018
Newspaper the Law, Number 9390, Section the Sentence of the day, 4 of April of 2019, Publishing Wolters Kluwer
The married act is genuine, its correct data and objectively picks up a celebrated act, that it is the marriage, that was not declared null, and does not happen to be an illicit office staff, when not mediating profit spirit.
The Hearing acquits the defendant of the crime of documentary falsification because although they articulated a plot with the only purpose from which a third party obtained the residence in Spain, it cannot say that documents falsified.
With respect to the defendant whom the coexistence as pair simulated in fact and later as wife with the only objective that the interested one came to regularize its legal situation, creating a reality appearance, the marriage was declared satisfaction marriage but it does not happen to be an illicit office staff when not mediating profit spirit.
The documentary falsification does not exist that is imputed this defendant. Notwithstanding the illicit thing of the persecuted purpose, the married act is genuine, its correct data and picks up a celebrated act, the marriage objectively.
The same it happens to the pair inscription in fact. It is a genuine inscription that has not been reviewed of office by the Administration; as also the inscription in the Registry of Pairs is genuine in fact.
The doctrine comes maintaining that the constituent acts of marital status do not have embroider in documentary falsifications because with those it is not tried to simulate total partially or a document, so that it induces to error on his authenticity.
When the falsification does not talk about exclusively to alterations of the truth in some of the ends briefed in the document, - modality legalizeed for the individuals to lack to the truth in the narration of the facts, but to the document in itself, the sense that it is deliberately made in order to credit in the legal traffic an absolutely nonexistent legal reality, must be distinguished enters what is a simple alteration of the truth in an existing document or that responds to a real operation whose data are falsified, of a consisting of simulation the complete creation ex novo of a document with data inveraces and regarding a business or to a reality nonexistent that is tried to simulate.
It clarifies the Hearing that a thing is that the lie is the inaut©ntico document and very different other that the lie is the declared thing in an authentic document, and this it is the case and what justifies the acquittal of the defendant.
To who took part in the plot as employment of the interested one in obtaining the residence, nothing can be imputed to him because indeed it made a contract of work so that one could obtain the residence permission, but also it did it because it needed his services in the store that ran. It is certain that with the contract it was favored to him, but it is not punishable in Right, which would be punishable is the presence of a completely simulated contract, which is not the case, because the labor benefit yes took place.
The work contract existed and was registered in the TGSS, paying employment the corresponding quotas, without at no moment the TGSS understood that they did not respond to a true labor relation.
The conclusion of the labor relation was not by a voluntary decision of the employer but by the closing of the business which reinforces the thesis of the nonexistence of clear indications on a supposed simulation of work contracts.
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