Provisional Dismissal for Threats and Humiliating Treatment in the Context of Gender-Based Violence

Our client was investigated in urgent proceedings (diligencias urgentes) opened on the basis of a police report before the Sección de Violencia sobre la Mujer (Violence against Women Section) of the Tribunal de Instancia de Marbella (Marbella’s first-instance court), for facts which, on the face of it, could constitute offences of threats and humiliating treatment (vejaciones) in the context of gender-based violence.

Once the feasible investigative steps had been carried out, the parties and the Public Prosecutor’s Office were heard in accordance with Article 798.1 of the Spanish Criminal Procedure Act (Ley de Enjuiciamiento Criminal).

The Court ordered the provisional dismissal (sobreseimiento provisional) of the case under Article 641.1.º of the Criminal Procedure Act, since the commission of the offence that had given rise to the proceedings had not been sufficiently established, with the consequent closure of the proceedings once the decision became final.

Are you under investigation for threats in the context of gender-based violence? You can consult our pages on gender-based and domestic violence and on assault, threats and coercion, or contact the firm for an initial confidential assessment of your case.