1 August 2022


The Provincial Court of Cantabria sentenced a man to 2 years imprisonment and a fine for procedural fraud in an eviction trial


The Provincial Court of Cantabria sentenced to two years in prison and a fine of 1,620 euros to a man who in the eviction trial that followed against him provided a false document that was a rental contract with advantageous conditions and a proof of having paid the debt with his landlady, knowing its falsity.


The Court convicts him for a crime of fraud in the degree of attempt in competition with another crime of false documentation, and charges him with the fact of having presented a witness who gave a false statement and to whom the court also charges a crime of false testimony.


According to the proven facts, on January 21, 2020, the owner of the premises rented by the condemned party filed an eviction and rent claim against the latter, which gave rise to the verbal trial 108/2020 of the Court of First Instance number 3 of Santander, in which a witness opposed the same, claiming to have paid his landlady 26,000 euros.


He argued that 2,000 euros had been paid into his landlady's bank account and, in order to justify the rest of the money, he provided a document containing a new lease contract and proof of payment of 24,000 euros, a document supposedly signed by the plaintiff.


However, the Court of Cantabria points out that this document "had been drawn up unilaterally by the defendant, who - either by himself or by a third party in agreement with him - simulated the signature of the plaintiff".


The court understands that it was brought to the case "with the sole purpose of provoking error in the judge and to obtain a dismissal of the claim".


According to the Court, at the trial, the defendant proposed a man as a witness "knowing that he was going to lie in his testimony to support his allegations of payment of the amounts claimed".



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