Business & Law celebrated an important judicial victory after the High Court of Justice (TSJ) of the Canary Islands acquitted our client, businessman Santiago Santana. Our team took on the defence at the crucial appeal stage, successfully overturning a previous conviction and proving the innocence of our client.
This case underlines the importance of a specialised defence in appeals and our firm’s ability to reverse adverse legal situations.
The origin of the case: a previous conviction
The case was initiated by a complaint filed in 2018 by the businessman’s brother, in the context of a series of family disputes within the company Anfi del Mar SL. The accusation focused on an alleged misappropriation of a pleasure boat registered in the company’s name.
Initially, the Provincial Court of Las Palmas had sentenced Santiago Santana to one year’s imprisonment and the payment of 42,000 euros plus interest.
Business & Law’s Strategy: A Solid Resource That Dismantled the Accusation
It was at this point that Business & Law took on the legal representation of the businessman to formalise the appeal. Our strategy focused on demonstrating that the key elements of the offence of misappropriation were not present in this case.
The Supreme Court of the Canary Islands upheld the appeal filed by our firm in its entirety, highlighting its ‘solidity’. The key arguments that led to the acquittal were:
- The actual ownership was not accredited: We showed that, although the boat was formally registered in the name of Anfi del Mar SL, this did not determine ‘the material ownership, the condition of owner of the thing’. The court itself concluded that the ‘real ownership’ of the boat ‘is not clear’.
- Absence of malice: A pillar of our defence was to prove that our client acted at all times with ‘the conviction of being the owner’ of the vessel, and not with the intention of appropriating someone else’s property. The TSJ was emphatic in stating that Santana did not act with malice, a prerequisite for a conviction for this offence.
- Assumption of all costs and exclusive use: It was established that Santiago Santana was the one who always bore the ‘many maintenance costs’ of the boat, including overhauls, safety and tuning. This occurred even during the two years following his departure from the company, without the company claiming anything until the filing of the lawsuit.
The High Court’s Ruling: A Resounding Acquittal
The new judgment of the TSJ completely overturns the previous ruling of the Provincial Court, exonerating our client from the crime of misappropriation and the associated obligation to pay.
The magistrates reproached the plaintiff for its inaction for years, allowing exclusive use and payment of expenses by Santana, to then ‘ex abruptly defend formal ownership, which it had never exercised’. The court made it clear that the dispute was framed as a heightened family ‘feud’, not a criminal act.
This victory not only restores our client’s honour, but also reinforces confidence in our judicial system and in the work of specialist defence lawyers. We at Business & Law are proud to have been instrumental in this outcome.
Original source: This article is based on the news published by Javier Corbacho in EL ESPAÑOL on 2 July 2025.
