Acquitted of Misdemeanour Threats in Torrevieja: The Complainant's Word Was Not Enough

Bufete Padilla success case · Gabriel Padilla Franco, lawyer, ICAE no. 1265 · 23 October 2026

Acquitted of threats that could never be proven

The Court of First Instance of Torrevieja (Examining Section, Bench no. 4) has handed down Judgment 237/2026, of 14 October, acquitting our client of a misdemeanour of threats, with every ruling in his favour and no order as to costs.

The case started from the hardest evidential position a defence can face: two contradictory versions, no witnesses and not a single document. And it was still won. We share it because it shows very well how the presumption of innocence actually works in a Spanish criminal trial.

The case: a threats complaint in the middle of a rental dispute

Our client was the landlord of a property in Torrevieja and the complainant was the tenant. There was a pre-existing dispute over the verbal tenancy agreement between them, with complaints filed on both sides.

According to the complaint, at around 11 p.m. on 22 June 2026 our client went to the property to tell her she had to leave and, during the argument, allegedly told her that if she did not go "he would drag her out and cut her throat".

The prosecution sought a conviction for a misdemeanour of threats and two misdemeanours of coercion, with a three-month fine for each offence and compensation of 3,000 euros. We sought a full acquittal.

The strategy: the three requirements for convicting on the victim's word alone

Spanish case law is clear: the victim's statement can be enough to convict, but only if it meets three requirements. The defence focused its strategy on proving that none of them was met:

1. No subjective incredibility — not met

The cross-examination itself made clear that there was a pre-existing conflict between landlord and tenant, with cross-complaints. That context allows for spurious motives of resentment or hostility that deprive the testimony of the ability to generate certainty.