We Secured the Acquittal of Two German Nationals Accused of Attempted Vehicle Theft Through a Technical and Rights-Based Criminal Defense

On June 3, 2025, the Criminal Court No. 6 of Almería issued an acquittal in favor of our clients, two German nationals, who had been accused of an alleged attempted theft with force from a vehicle.

Our clients were returning from a concert and heading to their caravan, which was parked near the vehicle they were accused of attempting to steal from. Unexpectedly, they found themselves facing charges for this alleged offense.

From the outset, we identified serious procedural irregularities during the investigative phase. At the oral trial hearing held on May 13, 2025, we raised preliminary objections, including the lack of interpreter assistance during both the police interview and the investigative deposition of our clients—who do not speak Spanish fluently—as well as the failure to personally serve one of them with notice of the oral hearing. The latter procedural violation was upheld, resulting in the suspension of the hearing, which was subsequently resumed on June 2.

On the merits of the case, the defense focused on the sole piece of evidence: the statement of a witness who identified our clients as the alleged perpetrators. According to the well-established case law of the Supreme Court, when the only evidence against the defendants is testimonial, such testimony must meet the "triple test" of credibility: absence of subjective untrustworthiness, consistency in incrimination, and lack of material contradictions.

Through a thorough and precisely directed cross-examination, we succeeded in exposing substantial contradictions in the various versions given by the witness throughout the proceedings. This effort generated reasonable doubt as to the credibility of the sole incriminating testimony, thereby preventing the prosecution from meeting the evidentiary threshold required in criminal proceedings.

As a result, the court rendered a judgment of acquittal, applying the principle of in dubio pro reo, thereby reaffirming the presumption of innocence and the necessity of solid and sufficient evidence to secure a conviction.

This case underscores the importance of an active, technically sound, and rights-oriented criminal defense from the earliest stages of the proceedings.