The Provincial Court of Málaga has annulled the conviction of a woman accused of stealing a Rolex valued at €2,550. The court questions the validity of the photo identification carried out solely at the police station.
The Provincial Court of Málaga has acquitted a woman who had been convicted by a criminal court in the capital as the author of the theft of a Rolex watch valued at €2,550. The new ruling, issued by the Second Section, overturns the conviction from February of this year, considering that the photo identification conducted during the investigation phase lacked sufficient guarantees.
An oversight during a stroll
According to the proven facts, on June 16, 2018, at around 10:20 am, an unidentified woman approached a man walking his dog on Avenida Juan Palomo in Antequera. After asking him several questions, she reached into the victim's pocket and stole the watch he was wearing on his wrist without him noticing. The woman left, and the complainant noticed the item was missing hours later.
The watch was appraised at €2,550. During the oral hearing, the victim did not claim anything. The accused, who used another identity, had a criminal record: she had been convicted in 2016 for theft in Denia (Alicante) to a prison sentence replaced by a fine.
The key: the photo identification at the police station
The woman's defence appealed, arguing that there were no fingerprints, DNA, or witnesses incriminating her. The main piece of evidence was a photo identification made by the victim at the police station, but the judges remind us that, according to repeated doctrine from the Supreme Court, these identifications "by themselves do not constitute valid evidence to undermine the presumption of innocence." They are merely police investigative actions, "sometimes essential," but not sufficient evidence of guilt.
During the trial, the complainant stated that "it seemed to him" that the accused was the perpetrator, but with doubts. One officer claimed that the victim recognised her "without doubts," while another police officer admitted he did not know if the accused had other similar records. The accused did not appear at the trial, so she could not be identified in person by the victim. The Public Prosecutor did not request the suspension of the act.
Presumption of innocence and procedural guarantees
The three judges conclude that "they see no valid or sufficient incriminating evidence" to undermine the principle of the presumption of innocence. Therefore, they revoke the previous conviction and decree the acquittal. The ruling emphasises that the initial photo identification was not ratified either in the investigation phase or in the plenary session, which invalidates it as evidence of guilt.
This ruling is a relief for the accused, who had been sentenced to a prison term that is now annulled. For the reader in Málaga, the case serves as a reminder of the importance of procedural guarantees in any criminal proceedings, even in theft cases. The Málaga Court once again highlights that the presumption of innocence can only be overcome with solid evidence, not mere police indications.
The ruling is final and cannot be appealed. The acquitted woman regains her previous legal status, without a criminal record for this case.
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