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Supreme Court case law

Missed calls and a ban on communication

One case of The Criminal Chamber related to criminal services.

Supreme Court · Second Chamber (Penal) · 2019

ECLI:ES:TS:2019:4218

What the Supreme Court considered and decided

The court held that a breach was completed when an unanswered call was recorded and its source could be identified. The protected person’s awareness of that call was relevant to the prohibited contact.

What this helps explain

A conversation is not required when the call record fulfils the prohibited communication function in the case.

Editorial summary from the official note of the CGPJ. It describes this resolution, without certifying the subsequent evolution of the procedure. It should be read with the legislation applicable to its facts, reforms and subsequent case law.

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