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AIBU?

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Original poster

To ask if anyone knows about Spanish court records?

21 replies

Puzzledandpissedoff · 10/04/2017 14:31

Posting here for traffic - sorry Blush - will probably post it in "Legal" too

I've changed a few unimportant details in case the family concerned are on MN, but the 27 year old daughter of someone I know has been sentenced by a Spanish court as a result of assaulting someone while on business there; the sentence was suspended and she's back here in the UK now

For employment related reasons I'd like to know a bit more about this, but am getting nowhere with the family who simply insist the whole thing was a stitch-up and constantly change the story

Please does anyone know how I can find information on a Spanish court case?

OP posts:
VivienneWestwoodsKnickers · 10/04/2017 14:32

Like to know or legally need to know?

Original poster
Puzzledandpissedoff · 10/04/2017 14:36

Potentially need to know legally - there are issues which could become very difficult for me around her employment status

OP posts:
VivienneWestwoodsKnickers · 10/04/2017 14:59

You could ask her to provide a police certificate, which is produced by the ACRO criminal records office. The EU share data where needed.

Have a search under the International Criminal Conviction Exchange and ACRO for the FAQs on this.

You cannot apply for this, as I understand it. She has to.

If she's not likely to produce this, it may depend on how serious her criminal conviction truly applies to you as to what you do next.

If you're a child minder, for example, you may have to put your foot down and refuse access if you are that worried about it

If you're a police officer or prison officer and need to disclose criminal associations, you can only disclose what you know and the vetting team will do their own research.

Otherwise, does it really impact on you?

yousignup · 10/04/2017 15:00

As her employer or potential employer you can apply for a certificate of antecedentes penales, but with her permission.

Original poster
Puzzledandpissedoff · 10/04/2017 15:23

Many thanks for the suggested links; they both sound very helpful, except that it seems I'd need her permission which I'm not likely to get

Genuinely not trying to be difficult about the reasons for my concern - it's more that I don't want to out myself on here - but the nearest I can get is to say that being seen to "back her" could potentially damage me badly, either if there's a lot more to this than I've been told or if (god forbid) something similar happened in future

I suppose I was hoping that the court details might be a matter of public record, but it seems not ...

OP posts:
VivienneWestwoodsKnickers · 10/04/2017 15:28

Do you employ this person? Is there a contract of employment?

Bloomed · 10/04/2017 15:30

Have you been asked to be a referee?

yousignup · 10/04/2017 15:33

Spanish verdicts are not normally announced in open court, and case files are very rarely open to public inspection.

Original poster
Puzzledandpissedoff · 10/04/2017 15:44

Ah, I see yousignup - that's going to make it a lot more difficult then

You're in the right sort of area Bloomed, except that there's a lot more to it than that

I really appreciate everyone's help, but from the sound of things I'd probably do best to remove myself from the situation completely

OP posts:
VivienneWestwoodsKnickers · 10/04/2017 16:10

Yes, it does sound like withdrawing is the answer.

However, irrespective of the claims of a stitch up, this person has a conviction. If the conviction is what would cause you the difficulties rather then the details of the court case, there's little to be done. If the details are more relevant, you may need to ask more questions. Have you searched the local paper to see if the case was covered out there?

Original poster
Puzzledandpissedoff · 10/04/2017 16:26

Yes I've tried the papers, Vivienne, but not found anything - perhaps not surprising if, as yousignup said, details aren't readily made available

Given the unlikely stories I'm getting, I suppose the point of getting the details was to see if the "police stitched her up" claims seemed to make any kind of sense, and if therefore I was being unkind by backing off. It's becoming obvious that I won't be able to find out, though - and anyway, as you said, a conviction is a conviction at the end of the day

Which is why I'm going to take a big step backwards ...

OP posts:
Megatherium · 10/04/2017 16:34

She must have some sort of paperwork, surely? No idea what, but in the UK there would have been a written statement of the charges and she would have been served with copy witness statements etc, plus some sort of record of the penalty. If she wants you to back her, I think you're entitled to insist that she produces the paperwork.

wowfudge · 10/04/2017 16:40

Sounds as though you may have been asked to sponsor her. Do you speak Spanish? It's possible a Spanish speaker may be able to find some court reporting details from the local newspapers, but they'd need to know when the offence occured and where.

Original poster
Puzzledandpissedoff · 10/04/2017 16:44

If she wants you to back her, I think you're entitled to insist that she produces the paperwork

You're right, but the family make it clear they don't want to talk about it and all I get is promises to produce something which never materializes. It appears they'll use me when it suits - and have done, extensively - but expect to pick and choose when times get difficult

Looks like I've been a bit of a mug, all things considered Hmm

OP posts:
Original poster
Puzzledandpissedoff · 10/04/2017 16:47

I know the where and when, fudge, and though I don't speak Spanish myself I've luckily got several friends who do ... still drawn a great big blank though

I'm starting to think I'm better off not knowing, frankly

OP posts:
wowfudge · 10/04/2017 16:51

Okay - refuse to do whatever it is without the details as the implications for you professionally could be detrimental. If they continue to try to minimise it, you can say you don't understand why they cannot be more straightforward about things if that is the case.

Megatherium · 10/04/2017 16:59

You haven't been a mug, unless you've actually agreed to do whatever it was. You're exercising entirely reasonable caution, and I agree that if they won't produce the information for you they'll have to do without your help.

yousignup · 10/04/2017 17:03

In Spain newspaper reports of court cases normally call those involved Mary P or Jesus C, full first name and first initial of first surname.

Original poster
Puzzledandpissedoff · 10/04/2017 17:13

You're right, I'll just have to be a bit more blunt than I'd usually prefer; I haven't done what was asked of me yet, so at least there's no damage done from that point of view

It's not going to go down well, but that can't be helped

OP posts:
Bloomed · 10/04/2017 22:20

Look after yourself and your interests Puzzled. Good luck.

OhtoblazeswithElvira · 10/04/2017 22:26

This might sound daft but have you googled her name? Maybe you can filter so your search shows pages in Spanish only? Try surname only or first name only as per yousignup

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