The third section of Regional Court of Cordoba It fully upheld the ruling acquitting a woman of the simple crime of misappropriation of which she had been accused by a real estate fund, the current owner of the disputed house.
The court … By rejecting the appeal submitted by the commercial entity that requested Cancellation of judgment Issued on May 31 by Educational Court No. 3 of Cordoba.
According to the facts established by the court of first instance – and now assumed by the Córdoba court – the accused resided in the house from 2013 to April 2014 and “continued to live there thereafter with family.” Actual possession document And pay the rent.” In January 2025, the landlord discovered that the property was occupied, even though it had not provided an occupancy report or data proving who was currently residing there.
The investment fund alleged an alleged error in the evaluation of the evidence and said that there were legal grounds to overturn the acquittal of the accused, as they had even requested evidence consisting of the interrogation of a minor, which was rejected in the court of first instance.
However, the Third Division of the Regional Court concluded in this ruling that, according to the Code of Criminal Procedure, acquittals can only be overturned in cases Lack of motivationirrationality in Test evaluation Or the absence of analysis of the relevant evidence, which can only be overridden to impose a penalty in very exceptional cases.
Back rent
The court explains the fact that the appeal “purports to replace the court’s assessment with that of the appellant” and that what the prosecution was really seeking was “Use of the criminal process to enforce the eviction,” which is inappropriate for this judicial course, the ruling said.
The judicial decision stipulates that the dispute raised has typical features of the civil sphere, such as a claim Back rent Or there has been prolonged consensual possession for more than a decade.
Therefore, the Court finds that there is no arbitrary or illogical element in the acquittal that would justify its invalidation by rejecting the appeals submitted by the property owner.