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In Spain, hundreds of domestic violence complaints are filed daily. In 2024, the average was 544 complaints per day, according to data from the General Council of the Judiciary. That volume explains something very simple: sometimes there is real (and very serious) abuse, and other times there are breakup conflicts that end in a complaint with an account that will be disputed in court.

What Ilia Topuria says in his statement

It should be stated clearly: a statement is not a court ruling and this analysis does not prejudge facts or persons. That corresponds exclusively to the courts.

However, from a legal standpoint, what is described allows us to understand something very important: when a criminal accusation—especially an accusation as serious as domestic violence—is used as an instrument of economic pressure, Criminal Law stops viewing it as a private conflict and begins treating it as a possible autonomous crime.

Extortion, threats, falsification or false accusation are not media labels. They are legal concepts with very specific requirements, which exist precisely to protect those who are subjected to illegitimate pressure.

The case will end where it should end: in a court, with evidence and with adversarial proceedings.
And this is how any situation of this type should be resolved.

Criminal-legal analysis of Ilia Topuria’s statement

Falsification of evidence: what it really means in Criminal Law

The statement also mentions «falsification of evidence.» It’s worth clarifying this.

In Criminal Law there is no generic crime of «fabricating evidence,» but there are several very specific offenses:

  • Document falsification, if documents, messages, audio files or media are manipulated or simulated.
  • Use of false document, if they are knowingly presented.
  • Procedural fraud, if such evidence is introduced in judicial proceedings to deceive the judge.

This is especially relevant in domestic violence proceedings, where the following are frequently submitted:

  • screenshots,
  • incomplete audio recordings,
  • decontextualized conversations.

Not everything is valid as evidence. And not everything withstands expert examination.

Theft of money and objects

When speaking of «theft,» the Criminal Code distinguishes precisely:

  • Larceny: taking someone else’s property without consent.
  • Embezzlement: keeping money or objects that were legitimately received, but which there was an obligation to return.

The difference is technical, but decisive in criminal proceedings.

Víctor Ávila, abogado penalista en Madrid
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Abogado penalista en Madrid (Graduado en Derecho y ADE con Máster de Acceso a la Abogacía), experto en procedimientos complejos y técnicos en Derecho Penal. Cuenta con títulos como el Curso de DerechoPenal Avanzado impartido por magistrados del Tribunal Supremo en el Iltre. Colegio de Abogacía de Madrid.