Provincial Court

The Judgement, 14.7.2006 of the Provincial Court of Madrid, 27th section, illustrative interpretation provides criteria to assess the "presumption of innocence" of the victim (without technical precision but for the comparison value dialectic use this terminology): "The exercise of this right (Article 416.1 LEC waiver) is interpreted by the prosecutor as telling the complainant that relies on it to prevent it is found that the accusations made against her husband. Secretary of Agriculture understood the implications. .. were false, without, besides the aforementioned silence, there is no other evidence to support such a claim, than the defendant's own exculpatory statements … "" … it is not apparent how it can be justified based on the same elements that have served to continue the proceedings against the accused may spend no more endpoints that the presumption about the intent of an act of the complainant, self second, to make against it for alleged false report " . "It is not enough to this court that mere presumption.

The ultimate reason for the procedural conduct of the complainant – not no party asked for it, even the wife of the accused, who is the father of her daughter small, may reflect very different motivations: fear, social or family pressure, economic dependency, or even emotional, the belief – mistaken, without hesitation, that this will preserve peace in the family, etc. Any of them would have authority to justify his silence. Interpret, no other element of contrast or valuation, making it to hide that he has lied, he has no appoggiatura to those mentioned, or more likely certainty that no …