Involved in an argument in Spain?  Imperative steps to take (Succesful outcome to case relating to the blelow in Estepona court
Posted: 07 May 2011 05:59 AM  
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First piece of advice is to avoid any altercations wherever possible. If you are involved in any type of arguments especially those which result in any physical contact those involved should be made aware of the legal implications and of the legal process that should be adhered to.  Follow the motions necessary to avoid being taken to court as the defendant and more than likely find that you are landed with a large fine and costs for damages.  If and you can be assured that if the person you had the disagreement with is local he will whether on the side or right or not be aware of the actions he must take.  The police will most certainly be called and you will have to file a report at the police station. Do not for one moment considers that because you feel you are the innocent party that there will be a satisfactory conclusion and regardless of what you are told you must not only make a statement but present a formal police complaint against the other party. IF there has been any serious name calling or physical contact you will more likely than not find a formal complaint with a date for a court appearance will be presented to you at your home. it is quite common that you will only be given few days in which to prepare for your court appearance.  If you have received injuries no matter how minor, you must go the nearest health centre or emergency department and be tended to.  You should also insist on a report of your injuries. This can be taken to your local police station or better still the local court house and a formal report against the aggressor lodged. You should obtain copies of the complaint. Presenting witnesses if any is an advantage.  There are often numerous situations where a dispute has occurred and an expatriate may believe the matter has been settled between the parties. Do not for one second be deluded and expect the matter to be reported to the police even if they were not called to the scene. Please take note of the difference in the Spanish legal system. The denunciante (complainant) and the denunciado (denounced) If you have been denounced you are not as you may believe be the defendant which by definition alone means that you have the opportunity to defend yourself.  Unfortunately if you appear as the denounced with no complaint by you against the plaintiff and no medical report you will almost certainly be found as the guilty party.  For some confirmation of what this article is trying to describe to you, go to an English Spanish legal dictionary to see that the translation for ?defendant? is accused.

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Kind regards,
Myra
http://www.costaadvicebureau.com

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Posted: 17 May 2011 03:31 PM   [ # 1 ]  
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See my reply on ‘65 yr old man’  page on similar topic.

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