Be careful what you write on Social Media in Spain. Spain has very strict Slander and defamation of character laws (article 205 and 208 of the Spanish Criminal code).
These Laws regarding slander and libel still apply to what you can and cannot write on social media in Spain, so before posting about a venue/person, think carefully or you could end up with a very large fine.
Below are a few examples.
December 2023 - A good example is a case in Sevilla, when a jealous woman described her ex boyfriend's new partner as "fat and wrinkled" on a popular site. The new girlfriend went to the police with a screenshot to make a formal complaint, which has just resulted in the rude writer being fined 1,500€ for her fat and wrinkled comments! Be careful what you write on "Facebook" in Spain!
November 30th 2022 - A man has been fined 3000€ in a court, after not deleting comments made by third persons on one of his posts on his Facebook page. The judge ruled that when somebody puts a post-up, they are liable for all comments made by other people on that same post. And it's that original poster's responsibility to delete/block/ remove any that would cause libel or slander to be committed.
November 2022 - A young man from Petrer (Alicante province) is facing a judge after writing on his Facebook page that he would like to set fire to the offices of a certain local political party. The comments were only on his page a few hours and were written three years ago. Despite his apology and the withdrawal of his comments within hours, the court in Alicante is asking a jail sentence of 15 months, plus a fine of 1,500€. A good example of how even things written on social media, have to comply with the laws in Spain.
February 2022 - Slander against a person using social media is treated quite seriously in Spain, as a young man in Palma Mallorca has just found out. Four police officers carried out a search of a property where an illegal gathering was taking place, and the young man filmed what was going on, putting the footage on a social media platform claiming they were acting illegally. The officers were actually just carrying out their duty, and a court yesterday fined the young man 12,000 euros for a compensation payment to the officers....3,000 euros to each officer for slander against them and their "injured honour".
2021 - Prison for a Valencian for posting messages against Islam on Facebook
A man who posted on his Facebook page messages against Islam and people of gypsy ethnicity or black skin has been sentenced to one year in prison for hate crimes after the prosecutor for these crimes in Valencia and his lawyer have reached an agreement that sets that penalty.
The convicted person spread on Facebook ideas of "extermination" and persecution for religious reasons for Muslim people. The Penal Code provides a prison sentence of one to four years for publicly promoting discrimination or violence against a group of people for racist, anti-Semitic or other reasons related to ideology or religion.
The Valencia Court has accepted the suspension of the prisoner's imprisonment as long as he does not re-offend and complies with the rest of the prohibitions imposed such as the prohibition to act on Facebook for five years. Read the full story in Spanish HERE
11th April 2019 - A British woman was arrested in Dubai for branding her ex-husband's new wife a 'horse' on Facebook three years ago while living in England, she avoided jail but received a £600 fine. Although not in Spain this once again reiterates the need for caution about what you write on social media.
Reported on 26th October 2018 in the Spanish El Mundo Newspaper
Be careful what you write on social media in Spain
A woman has been sentenced to pay 3,650€ for criticising being charged a piece of bread
The Court number 1 at Colmenar Town Hall (in the province of Malaga) has issued a sentence that rules a woman to pay 3,650€ for posting a message on Facebook in which she described a cafeteria owner as " a starving rat" when they charged her 0.25 cents for a slice of bread she ordered for their baby.
Edificio del Ayuntamiento de Colmenar Viejo
The owner reported the comment in which she explained that they had gone to breakfast at a local Cafeteria and ordered a slice of bread for her daughter of 13 months, and "they looked at me as if I owed them my life for asking for a crust of bread for a baby. "
When questioned, the owner of the establishment said that "they had a new customer," in reference to the child, and charged her for the "bit" of bread-
The woman added, "They must be starved to have that attitude" and attempted "to lose them a few customers".
Subsequently, the owner stated that that message constituted an illegitimate interference with her reputation, and therefore asked the woman to retract the post. In response, the baby's mother modified the original comment and eliminated the words "rats" and "starved".
However, she added that she had erased those words "because they were not really necessary" as the actions define themselves" because " not even a starving person would deny a piece of bread to a baby".
After the complaint, the defendant argued in writing that her statements were not insulting or violating the honour of the affected, because "there had been no desire to undermine the dignity" of anyone and claimed that the right to freedom of expression.
However, finally the judge has decided that there was damage to the owner of the premises and forces the defendant to compensate the owner of the premises with 3,650 euros.
Be careful what you write on social media in Spain
Defamation remains a criminal offence in Spain.
The Spanish Criminal Code includes two general types of offences against honour: slander (Art. 205) and defamation (Art. 208).
Slander (Criminal Code Art. 205; calumnia): Defined as “accusing another person of a felony while knowing it is false or recklessly disregarding the truth”. It is generally punished with a fine of six to 12 months. However, when committed by means of the media (print and broadcasting) or other “similarly effective means”, it is punished with a fine of 12 to 24 months or imprisonment for up to two years.
Defamation (Criminal Code Art. 208; injuria): Defined as any accusation, expression, or action that “harms the dignity of another person, detracting from his reputation or attacking his self-esteem”. Defamation is only considered a crime if “by its nature, effect, or circumstances is considered serious by the public at large”. In the case of an assertion of fact, the offender must also know the statement to be false or have acted with reckless disregard for the truth. Defamation is generally punished with a fine of three to seven months. However, if the defamation is committed through the media, the potential punishment increases to a fine of six to 14 months.
In certain cases (e.g., if defamation was committed for payment), the offender may be barred from certain rights, such as holding public office or practicing a particular profession (Art. 213, in accordance with Arts. 42-45) for six months to two years.
Finally, Art. 620 of the Criminal Code provides that defamatory statements that do not otherwise constitute a felony are considered a misdemeanour (falta) and punishable by a fine of 10 to 20 days.
Art. 578 of the Spanish Criminal Code prohibits “acts that involve discredit, disdain or humiliation of the victims of terrorist offences or their relatives”. The penalty is imprisonment from one to two years and a fine of 12 to 18 months. Art. 578(2) stipulates that penalties shall be on the higher end of the spectrum if the act is committed through the media or the Internet.
You can stop forwarding that latest warning from your Facebook friends about your account being cloned. You weren’t. It’s bogus. And you’re just making it worse. It is just another Facebook message scam
Spam can be defined as irrelevant or unsolicited messages sent over the Internet. These are usually sent to a large number of users for a variety of use cases such as advertising, phishing, spreading malware, etc.
This one starts out - Hi….I actually got another friend request from you yesterday…which I ignored so you may want to check your account. Hold your finger on the message until the forward button appears…then hit forward and all the people you want to forward too….I had to do the people individually. Good Luck!
Then it tells you to “hold your finger on the message until the forward button appears…then hit forward….”
Your account isn’t sending duplicate friend requests. And you didn’t receive a request from the person you’re forwarding it to.
You’re simply doing it because the message tells you to.
Other similar ones are - Be careful: I got a message from you or it shown on your wall here.. Please tell all the contacts in your messenger list not to accept friendship request from .......... He/She is a hacker and has the system connected to your Facebook account. If one of your contacts accepts it, you will also be hacked, so make sure that all your friends know it. Thanks. Forwarded as received. Hold your finger down on the message. At the bottom in the middle it will say forward. Hit that then click on the names of those in your list.
DON’T. SHARE THESE
Otherwise, you become one of the reasons why the hoax is spreading so fast.. these are nothing but SPAM messages
There was a cloning epidemic on Facebook 18 months or so ago. That was genuine.
And people do still get hacked, if you account has been hacked change your password straight away or contact FB
******
Anyone who gets a duplicate request from you wouldn’t forward the bogus message. They’d send you a PM about it or perhaps post a comment on your timeline.
You’d probably do the same for them.
The message is a hoax, and anyone who shares it is spreading it.
The best way to avoid being duped: Ignore it. Delete it.
Share this story instead. It’ll do some good.
For more details ask our admin team on our Facebook group
More Scam information here
Kirsty Maxwell Updates - Kirsty Maxwell’s young life ended tragically when she died in suspicious, unexplained circumstances whilst on holiday in Benidorm, Spain on 29th April 2017.
Any information that may be helpful can be given via this confidential number:
07376 040519 (from the UK) or 07956 210500
+44 737 604 0519 (international)
Kirsty Maxwell Information Appeal
28th April 2023
29th April 2022 - THINKING OF KIRSTY'S FAMILY
It is exactly 5 years on 29th April 2017 that Kirsty Maxwell was killed whilst on holiday at My Pretty Payma / Apartmetos Payma Benidorm Spain.
Please think of Kirsty's family and friends on this poignant day when they are having personal reflection of happy days with Kirsty.
Kirsty Maxwell Updates 25th March 2021
Please click on the link and share www.kirstymaxwell.com just updated with information regarding the new MTV "True Life Crime UK" documentary being broadcast on 14th April 2021 which will examine Kirsty's case.
Kirsty's family need your support to help them push for answers truth and progress so please help raise awareness of the website updates and MTV documentary
Kirsty Maxwell Updates 21st December 2020 - CHRISTMAS MESSAGE FROM KIRSTY'S FAMILY
It will be 44 months since Kirsty's tragic suspicious unresolved death in Spain. This will be our 4th Christmas without Kirsty.
As each year goes by we still fight on with assistance from our legal team for answers and the truth as to how Kirsty was killed.
The Spanish media call this killing a riddle, it doesn't have to be a riddle, not if we are allowed to present all the information on the table to help complete the puzzle.
We still appeal for those to come forward with any information which could assist us.
Kirsty is not here to speak so we must be her voice.
2020 has been a Terrible year for many, so with that in mind we are indebted for the continued support we receive from family, friends and the public.
We started the Kirsty Maxwell Charity at the start of the year and even through a pandemic we have been able to help others who found themselves in a similar situation to our own. It means so much to us as a family that people still care and will help as much as they can. Thank you.
Again this festive period we shall set a special place for Kirsty, to honour and remember the loving and caring girl we all miss.
Wishing everyone a safe and peaceful Christmas and a heartfelt New Year.
17th July 2020 as reported in the British Press
Kirsty Maxwell’s death WAS an accident putting murder suspects in clear after family appeal
Kirsty’s distraught parents Brian and Denise Curry had appealed a Spanish judge’s decision last September.
They went to a higher regional court to try to get the earlier ruling by Benidorm judge Ana Isabel Garcia-Galbis overturned – but learned the bid had failed yesterday.
Brits Joseph Graham, Ricky Gammon, Anthony Holehouse, Callum Northridge and Daniel Bailey became suspects after Kirsty’s family said she would never have killed herself.
Cocaine was found in the men’s room and Kirsty’s fingerprints were on the bathroom mirror, with cops saying there were “contradictions” in their statements.
But three Alicante-based judges finally announced yesterday that there was no “strong evidence” of criminality and nothing to suggest she had not leapt to her death.
Kirsty Maxwell Updates 23rd June 2020
HOTEL PRESIDENTE WITNESSES TO KIRSTY'S DEATH
Why the refusal by the Spanish Authorities and Hotel to allow this line of enquiry to be progressed?
Why not provide Kirsty's family with information which can allow these important potential witnesses to be interviewed?
Hopefully after the irretrievable failings in the early stages of this investigation regarding the destruction of Kirsty's clothes, loss of potential DNA evidence and CCTV the Spanish Authorities may wish to try and mitigate some of their early failings and grant the Spanish Lawyer and Family's appeal to progress these important enquiries.
Kirsty Maxwell Updates 28th April 2020
The family of newlywed Kirsty Maxwell, who fell to her death in suspicious circumstances in Spain, are appealing for witnesses to come forward – on the third anniversary of her death.
Her mum, brother and cousin have penned personal tributes, which the family have asked us to share with you all.
Kirsty Maxwell Updates Tribute from Kirsty's brother - Ryan Currie
There are so many memories and experiences we shared and enjoyed.
The things I miss most are the small, seemingly insignificant moments – the sort you take for granted because you don’t think too much about it. You’re too busy laughing and enjoying the moment.
Looking back, you see that those were the most raw and genuine experiences as only we could have shared them.
There was a five-year age gap between us but we were always close and very involved in each other’s lives. We were always proud of each other, especially as we grew older.
To watch you get married, it seemed as though everything in our lives and in our family was fitting together perfectly.
You were in the process of buying a new home and planned to start a family.
That’s what hurts the most, knowing you were so happy and excited about life and it was taken from you.
We want your name to be associated with something positive because that’s how we remember you – always optimistic and looking forward to living your life.
Kirsty Maxwell Updates Tribute from Kirsty's cousin - Nicola
There were four of us cousins, who were more like siblings and I was the eldest, so the “big sister”.
Kirsty, you were so bright and bubbly, always smiling, always loving and caring.
I miss that smile of yours and your cheeky laugh and how funny you were when you showed your ditzy side.
ou were so stunning and I always used to tell you that you had a wee peachy bum.
I cherish the memories of our holidays, escaping school and heading off in Nana’s caravan or venturing abroad.
When you were only seven on a trip to Alcudia you swore you would learn Spanish and stay there “forever and ever”.
But our favourite holiday place was Florida, and we were older so we could sip cocktails by the pool but we were still like kids, partners in crime, giggling for hours on end.
We loved wandering the Florida malls and I remember the treat of your 21st birthday, when you bought an expensive Coach handbag.
Your mum gave it to me as a keepsake and now it is so precious because it is a memory of you. You did love handbags. It was so funny when you carried one off a plane – in its dustbag – and parents .
Looking back, one of my saddest memories is missing your wedding in Cyprus because of other commitments.
My mum gave me minute-by-minute updates but I will never forget you FaceTiming me at the evening reception and seeing how happy and beautiful you looked.
You moved to the dance floor still on FaceTime as a Jimmy Buffett song came on and the whole family were singing and dancing.
For that moment, I was part of it all and you were the most stunning bride I have ever seen.
I am so proud that my family have the Kirsty Maxwell charity and will be able to make a difference to any families who may need it.
I would never wish what our family have suffered on anyone. We were lost trying to deal with your death and we want others to have the help that we couldn’t get.
Tribute from Kirsty's mum - Denise
It’s now three years since we last spoke and not a day goes by when I do not speak your name.
I miss you every second of every day, you weren’t just my precious daughter but my best friend.
I look back to all the things we use to do together and I miss having our girlie catch-ups.
We used to go shopping and I loved spoiling you with gifts large or small.
I remember our nights and weekends away together, and we had so many funny moments.
I miss your infectious giggle – you were always a happy and caring daughter.
We had so many holidays together as a family, so many memories we all built together.
You always made a point of coming for your dinner, sometimes three times a week and you always persuaded us to eat what you wanted. Then there were weekend breakfasts, and sometimes weird choices, like breakfast lasagne!
Remember you used to call as soon as the sunshine arrived, asking if we would have a BBQ in the garden and, of course, we would never say no.
The garden would be full of your friends and they were always great days.
There are so many memories I will always cherish.
You always made us proud with everything
you achieved in your life – you were a beautiful, loving daughter.
No parent should ever have to write these words but I love and will miss you always.
Kirsty Maxwell Updates 12th November 2019
KIRSTY MAXWELL CASE: DETERMINATION NOT TO PROGRESS LINES OF ENQUIRY REQUESTED BY THE LAWYER
As everyone will have seen from recent newspaper articles and our social media posts,"investigations" into Kirsty's suspicious unexplained death are seriously flawed.
The Judge has once again refused to instruct routine lines of enquiry requested by our Spanish lawyer Lorena Soler Bernabeu to be progressed.
Indeed The Judge has refused every single request made by Kirsty's family and their lawyer.
The Spanish Lawyer has now appealed to a higher court which hopefully will instruct that the various lines of enquiry to be conducted in an effort to establish the truth about what happened to Kirsty.
WHAT DOES A FAMILY LIKE KIRSTY'S DO AND WHAT DO THE UK AND SCOTTISH GOVERNMENTS DO WHEN INVESTIGATIONS INTO THE DEATH OF A UK CITIZEN ARE SERIOUSLY FLAWED AS IS THE CASE WITH KIRSTY MAXWELL?
Kirsty Maxwell Updates 25th September 2019 -
High court in Valencia archives the case against the five men investigated for possible implication in the tragic death of Kirsty Maxwell, who fell from the 10th floor apartment block in April 2017.
The judges ruled they could find no evidence whatsoever that the men were involved in any way in her death.
As Reported in the Spanish Press ABC,es
The Court of Instruction 4 of Benidorm has decreed the provisional dismissal of the case opened in 2017 to investigate the death of the Scottish citizen Kirsty Maxwell , in which there were five young British investigated. The woman died by rushing into the void from the tenth floor of a building in Benidorm.
According to sources of the Superior Court of Justice of the Valencian Community (TSJCV), the order, which is dated on September 20 and against which there is an appeal, establishes that, “having carried out many investigation procedures have been deemed essential for determine the nature and circumstances of the events, which occurred on April 29, 2017, about 7.51 hours in the pool area of the Payma apartments in Benidorm, the perpetration of the crime that has given rise to the reason for the formation of the cause.
Kirsty Maxwell, newly married and twenty-seven years old, was with friends in Benidorm celebrating a hen party . According to police investigations, after the party, the young woman went up to look for them on the tenth floor of this hotel, but entered the wrong room and met the five English tourists.
However, according to the judicial order, "from the numerous police and judicial investigation procedures carried out, it would be that there are no indications of participation of those investigated in the death of the victim." The respondents declared that "Kristy had a strange attitude and that it was she who threw herself out the window"
According to the judicial resolution, "conclusions other than those contributed by the public force on the accidental dynamics of the events could not be reached." This, according to the judicial resolution, "would be compatible with the results of the final autopsy report", according to which the victim was at the time of the occurrence of the events "severely affected by alcohol intake", which is " compatible with a clinical picture consisting of blurred vision, lack of coordination, speech alterations, decreased motor ability, dizziness, nausea and vomiting, emotional instability and memory impairment, as well as disorientation and sputtering language.
Kirsty Maxwell Updates 25th September 2019
MEDIA SPECULATION BASED ON SPANISH SOURCES
Sadly once again Kirsty's family are reading about judicial updates relevant to the investigation based on Spanish "sources" and some sensitive court information which appears to have been "leaked"
Kirsty's family Lawyer Lorena Soler Bernabeu has received communications from The Prosecutor but the lawyer and Kirsty's family have never received any formalied updates about any recent decisions allegedely made by THE JUDGE.
Sensationalist and upsetting media articles based on the Spanish "sources" have been widely published in UK media online platforms and after publication journalists have been making retrospective efforts to obtain quotes from Kirsty's family and their supporting Team even to the extent of newspaper journalists "doorstepping" Kirsty's familty.
A family have lost their loved one in suspicious circumstances unresolved and unexplained due to the flawed Spanish investigation which was not conducted as would be expected for what they were dealing with as a potential homicide.
Destruction of Kirsty's clothing which could have contained DNA Evidence and lots of other shortcomings all of which will be fully publicised at the appropriate time meant irretrievable errors were made.
Kirsty Maxwell Updates 5th September 2019 - A thank you from Kirsty's family
KIRSTY'S FAMILY THANK EVERYONE for your amazing support and lovely comments on what would have been Kirsty's 30th Birthday last weekend.
The interaction for the post about Kirsty's birthday has been phenomenal.
It reached 26,904 people, there were 4,984 interactions with 698 reactions, comments and shares.
It means so much to Kirsty's family, friends and memory of Kirsty that thousands of people are so empathetic, caring and trying to support them in whatever way they can in the continual pursuit of answers, truth, transparency and progress.
Justice Abroad Summer 2019 Kirsty Maxwell Suspicous Death Appeal Activity
Kirsty Maxwell Updates 30th August 2019 - Kirsty would have been 30 this Weekend.
This weekend as Kirsty's family have a private reflective time together thinking on memories of Kirsty and what life would have been like this weekend if only she was there with them life goes on as normal for other families.
Meanwhile in Spain, the Spanish Authorities and Police involved in the flawed investigations into Kirsty's death go about their lifes as normal with no thoughts whatsoever or empathy for Kirsty's family or reflection on the serious shortcomings in their investigations.
The Spanish Courts have been closed for the month of August - hopefully when they reconvene they will grant The Appeal made by the Spanish Lawyer Lorena Soler Bernabeu against the Judge's refusal to progress important evidential opportunities.
Surely after so many negligent potentially iretrievable shortcomings common sense and victim empathy will prevail and evidential opportunities to help establish the truth about Kirsty's death will be forthcoming.
Over the weekend please share and reshare this post to reach others.
Kirsty Maxwell Updates 20th June 2019 - KIRSTY MAXWELL SUSPICIOUS DEATH TEAM RETURN TO BENIDORM TODAY
Some of the team supporting Kirsty's family return to Benidorm, Spain today (20th June 2019) to speak to locals, tourists and business owners to continue to appeal for information.
Posters are also being displayed and circulated around Benidorm town.
Kirsty's family will continue to push for answers and visit Benidorm regularly to get that vital information we know is still out there which can assist get the truth about what happened to Kirsty.
Kirsty's family will not go away and will continue to push for progress regarding aspects of the investigation which have not been pursued by the Spanish Authorities.
Kirsty Maxwell Updates 1st May 2019 - Appeal for witnesses
POTENTIAL WITNESSES NOT INTERVIEWED BY POLICE HAVE STILL NOT BEEN TRACED
HOTEL PRESIDENTE TOURISTS, BENIDORM
If you're on holiday in Benidorm, Spain, please help Kirsty's family and share this post and get people talking about this terrible tragedy and help us trace these people.
Over the last few days we have had people in Benidorm talking to tourists and locals and putting up posters so now is a good time to get people talking about the case and hopefully trace these important potential witnesses
Kirsty Maxwell Updates 28th April 2019 - A message of thanks from the family
KIRSTY'S FAMILY THANK EVERYONE for your continued support by sharing our posts and appeals for information. Wrongly we assume everyone is aware of Kirsty's tragic death however a lot of people don't have access to social media so please spread the word in the hope of reaching those with information. Thanks
26th April 2019, Information provided by the family.
Family Appeal and Activity in Benidorm, Spain
Over the period 27th to 30th April 2019, members of the review team supporting Kirsty’s family will be in Benidorm targeting tourists who holiday there at the same time every year and speaking to locals in an effort to trace witnesses and obtain information to assist the ongoing Court led investigation.
Kirsty’s family who will be having private time together have requested privacy at this poignant reflective time.
Please feel free to use their undernoted statement, attached revised posters and information from the Kirsty Maxwell social media platforms for any media articles to help push their appeal for information.
"Two years we have been fighting for answers and justice, two years we have been fighting to get to the truth that led to the brutal death of our beautiful girl Kirsty, two years of heartbreak fighting to find and present the missing pieces of this nightmare puzzle that will help explain the circumstances and events that occurred within the 11 hours Kirsty spent in Benidorm that finally lead to her suspicious death. We know there are people out there who have yet to come forward with information that could assist us as a family getting closer to the truth. Please help us. Brian, Denise, Ryan and Adam".
David Swindle and Spanish speaker Eva Maria Navarro who are part of The Review Team supporting Kirsty’s family will be available for media interviews 28th and 29th April 2019.
David said: “It is shocking that Kirsty’s family have had to keep pushing and pushing for answers and basic lines of enquiry to be progressed. We know there were people at Hotel Presidente and Payma Apartments with information which can assist, some of our team will be in Benidorm start of next week speaking to tourists and locals in the hope of jogging people’s memories”
9th April 2019, Information provided by the family.
CONFIDENTIAL COURT INFORMATION AND SPECULATIVE ARTICLES PUBLISHED IN THE MEDIA
Once again today (9th April 2019) there have been speculative media articles publishing potentially confidential court information about the judge led investigation into the suspcious death of Kirsty Maxwell in Benidorm, Spain.
This appears to be based on Spanish "sources" and refers to documents allegedly submitted to The Court by Spanish Lawyer Lorena Soler Bernabeu.
Once again Kirsty's family sadly are reading in UK newspapers and social media about speculation surrounding the case and potentially confidential court information.
As indicated in previous posts when this has happened, it would be inappropriate for Kirstys family or their team to comment on speculation about what is going on with the court led investigation.
Suffice to say the investigation into Kirsty's case remains a live court led investigation with various confidential aspects to it.
It is shocking that someone seems to be leaking potentially confidential material to freelance journalists in Spain and very sad that some sections of the UK media have been publishing potentially confidential material which could be prejudicial to the live ongoing investigation into the tragic unresolved death of a young woman.
05th March 2019 -Spanish Lawyer meets Kirsty Maxwell Family in Glasgow.
26th February 2019 - Report from BBC News
The family of a Scottish woman who fell from a 10th-floor balcony in Spain have spoken of their fresh hope of finding out what led to her death.
Kirsty Maxwell, 27, died shortly after entering a Benidorm apartment which was occupied by five men from Nottingham.
Spanish police believe Mrs Maxwell, from Livingston, jumped from the balcony after a night out with friends.
Her family say expert evidence shows that, in fact, she scaled the barrier then clung to it but lost her grip.
Now that evidence from biomechanics expert Mike Brown is to be viewed by a Spanish judge looking into the case.
Meanwhile, one of the UK's most experienced forensic scientists has agreed to review the circumstances of Mrs Maxwell's death. Read more here
31st January 2019 - Update from Kirsty's family
Kirsty's family, David Swindle, Eva Navarro and the Spanish Lawyer Lorena Soler Bernabeu had a long Skype video conference last night ( 30th January 2019) during which various encouraging aspects of the ongoing investigation were discussed.
Due to the sensitivity of ongoing live court and investigatory issues it would be inappropriate to go into detail about these matters at this time.
Suffice to say it was an encouraging discussion with the Spanish Lawyer.
In tandem with ongoing court investigations, there is still a need to maintain the impetus and profile of the appeal for witnesses and information which we know is still out there.
Please keep sharing and re-sharing our appeals for information.
Thanks
5th December 2018
ONGOING COURT PROCEEDINGS
As everyone will be aware from our social media updates over the last month, there continues to be ongoing court proceedings involving our recently appointed lawyer Lorena Soler Bernabeu.
Once again we re-iterate that at this time it would be inappropriate to publish detailed information about what is ongoing, suffice to say Kirsty's family, their lawyer and supporting review team are encouraged by the ongoing court processes which are enabling the lawyer to push for answers and examine potential evidential opportunities.
In tandem with what's going on in Court Kirsty's family continue to appeal for information and hope that during this period when things are quite in Benidorm, people talk to each other and information we know is still out there is forthcoming.
16th November - Statement from Kirsty’s Family
As a result of more media selective speculation regarding significant witnesses appearing in private at Benidorm Court, Spain Kirsty’s dad Brian who is not available for media interview released this statement:
“It’s been a very difficult few weeks for our family encouraged by our knowledge that progress regarding confidential court led investigations into Kirsty’s death continues and the disappointment of having to read journalistic selective speculation about what is alleged to have been happening in private behind the closed doors of Benidorm Court.
Once again I re-iterate that at this time we as a family and our Spanish lawyer are not prepared to comment on upsetting speculation or alleged extracts of testimonies of witnesses who have appeared at court or theories which continue to feature.
Whilst there have been irretrievable shortcomings in police investigations into Kirsty’s death, we as a family continue to place our trust in the Spanish legal system and our lawyer Lorena Soler Bernabeu regarding the live investigation led by a Spanish Judge which continues into Kirsty’s death.
My daughter Kirsty lost her young life in unresolved suspicious circumstances whilst on holiday in Benidorm in April 2017 and there are people who stayed at My Pretty Payma / Apartmentos Payma and Hotel Presidente Benidorm, Spain with information who have not spoken out.
I hope that the media and our many social media followers will continue to share our posts appealing for information which can assist ongoing investigations into Kirsty’s death.
Thanks for everyone’s continued support it means so much to our family, close circle of friends and Kirsty’s legacy”
7th November - Benidorm death: Two in court over Kirsty Maxwell plunge
Article written by Andy McLauren of the STV-TV News you will also find a video on this link which may help refresh peoples memories of the event.
She died after falling from the tenth floor of the resort's Apartmentos Payma.
Kirsty Maxwell, from Livingston, West Lothian, died after falling from the tenth floor of the resort's Apartmentos Payma hotel on April 29, 2017.
The 27-year-old entered a room being used by five men from England before the incident, where she was described as being in a "state of terror".
Ricky Gammon, 31, Anthony Holehouse, 34, Callum Northridge, 27, and 32-year-old Daniel Bailey appeared at the Palau de Justicia last year, when they denied any involvement in Kirsty's death.
The lawyer for the men, Roberto Sanchez Martinez, said two of them, who weren't in the room when Kirsty died, are due to appear in court on Thursday.
He added that they will declare they didn't see anything in the lead up to Kirsty's death.
The lawyer also confirmed experts have found no DNA from analysing her nails and hands.
In relation to the DNA tests, Kirsty's dad, Brian Curry, said: "At this important juncture when we as a family are aware of confidential matters subject to investigation by the court it would be inappropriate for us and our lawyer to comment on what's being published in newspapers and online."
The family were desperate to find out what happened to her missing pink T-shirt and denim skirt.
It then emerged Spanish forensic officers destroyed them after her death.
Kirsty's dad added: "Whilst it's upsetting for us to read such speculation when we know the court and our lawyer is actively investigating various aspects regarding Kirsty's death, we continue to maintain our dignity and respect the court processes by avoiding speaking publicly about matters which could be perceived as sensitive potential evidential and process issues."
2nd November 2018 - KIRSTY MAXWELL’S FAMILY REMAIN DETERMINED AS THEY RETURN TO SPAIN - NEW SOCIAL MEDIA POST
Kirsty Maxwell’s mum Denise and dad Brian returned to Spain to meet their recently appointed Spanish Lawyer Lorena Soler Bernabeu and discuss important issues regarding the suspicious death of their beloved Kirsty
Brian said
“ It’s so emotional and heart wrenching returning to Spain and terrible that we as a family need to keep pushing for answers and progress, sadly that is what we have to do. We spent yesterday with our lawyer Lorena and Eva Navarro from our review team and are hopeful that things we have been asking to be done will be progressed by The Court.”
“We are determined to keep pushing for progress and asking for answers until we get the truth about what happened to Kirsty”
Spanish Lawyer Lorena Soler Bernabeu said:
"What happened to Kirsty Maxwell is a tragedy and that is why, from our office we will work together with her family to do everything legally possible and ensure a complete clarification of the facts, that will lead us to know the truth about Kirsty's death.
Yesterday was a difficult day for Brian and Denise, who in addition to having to travel to Spain, have had to spend hours talking about the case and reflecting on unpleasant events. Our legal work will be aimed at helping the parents of Kirsty and husband, Adam with our legal-procedural work being directed to obtain the answers that to date have not been achieved. "
Photos of Brian and Denise in Spain meeting Lorena and Eva and other information will be uploaded to social media
2nd October - Kirsty Maxwell, death probe judge calls Spanish police to Court
It is not clear if the move is linked to a new development in the judicial investigation - or a bid by Spanish authorities to try to protect themselves against more criticism from Kirsty’s family.
The judge probing the death of Scots holidaymaker Kirsty Maxwell has summoned police involved in the case to court.
Ana Isabel Garcia-Galbis has agreed to quiz the officers at the request of state prosecutors.
It's immediately clear today if the surprise move is linked to a new development in the judicial investigation - or a bid by Spanish authorities to try to protect themselves against more criticism from Kirsty’s family over their handling of the case and an appeal against any future decision to close the court probe.
Several officers, thought to include the investigator who put together the local force’s report on Kirsty’s April 29 2017 death, and the first police to reach the 10th-floor Benidorm apartment she plunged from, have been called to give evidence next week.
The October 12 hearing, which will take place in private, will be the first time the judge has formally questioned the officers in person.
The state prosecutor will also attend along with the lawyer acting for the five Brits who remain under investigation over Kirsty’s death.
Kirsty’s family will also be given the chance to ask questions through a lawyer if they have one, although they are not thought to have hired a permanent replacement for Luis Miguel Zumaquero who resigned in April.
There was no immediate official response from court officials or police today.
New footage of Kirsty returning to the Payma Apartments in Benidorm’s Little England area shortly before her death were shown as part of BBC documentary Killed Abroad which was screened in Scotland in August.
The 27-year-old hen-do reveller plunged to her death after entering a room where five British men were partying.
News courtesy of the Daily Record.
This is fantastic long awaited news.
Not sure who or what the Trile - Pea/Potato men are read all about them HERE
Story reported in Spanish by www.diarioinformacion.com. Some detail may be slightly lost in translation, read the original story HERE
Keep up to date with all Local News Stories HERE
The plenary session of the City Council today approved, unanimously and urgently, a motion urging the General Courts to reform the law so that the practice of "illegal activities", such as 'the trile', "do not enjoy the impunity with which current legislation treats them "
The purpose of this motion, agreed last Friday at a Board of Spokespersons convened by the mayor, Toni Pérez ( PP ), is that 'the trile' be criminalized in the Criminal Code in order to provide the Security Forces with " agile procedures "and" effective legal measures "to" eradicate "this" fraudulent activity "of the streets, according to municipal sources.
An activity that, the same sources have agreed, " damages the image of the city of Benidorm and tourism in general ."
The proposal approved today advocates "to undertake the necessary legislative reforms so that the practice of activities such as the game of 'the trile' and other frauds of this nature" are adequately addressed.
"It is an illegal conduct in itself, as it is an improper game that does not conform to the corresponding regulations and its activity is not classified in the Criminal Code," he says.
Therefore, the proposal points out, "it is essential and urgent that a typification of this activity to indicate a higher level legal figure", through which to articulate "effective measures" against 'the trile' that " this is to ensure that both residents and tourists, can feel more security during their stay in Benidorm. "
According to the motion, since the early seventies, 'the trile' "has been affecting and damaging the image and the safety of Benidorm without the effective formula to eradicate the activity being found to date", despite the fact that "All the governments of the city have tried to orchestrate strategies to eliminate the painful image of the 'trileros' acting on public roads." (story HERE)
For this, among other actions, campaigns have been launched in the last three decades and warnings have been published about this game, informative talks have been held with tour operators and clients, and efforts have been made to harass the promoters through police presence and intervention. of the fake game.
However, "it has not been enough to tackle a problem," sanctioned in the Game Law of the Valencian Community and in the Municipal Ordinance number 2, the motion indicates.
More recently, he recalls, "from the Department of Citizen Security, the Headquarters of the Local Police and the Police Station of the National Police Force" new legal figures have been sought to address the problem. "
Thus, it has tried to link the repetition of the practice of 'the trile' to a crime for disobedience to an agent of the authority and to obtain restraining orders .
"Although the first initiative has been dismissed in higher instances, in terms of restraining orders, there is currently a final sentence, for the crime of theft, towards a group of members of 'the trile'," says the motion.
The municipal plenary session in which this motion has been unanimously approved has taken place after the recent dissemination of a video through social networks about an event that happened a few days ago in Benidorm in which a young Briton received a beating at the hands of a group of trileros for warning other tourists that they were being scammed . The victim of the aggression suffered several injuries, one of them in the head.
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The chief prosecutor in Spain has made a statement in the press aimed at the creators of the multitude of fake news or hoaxes that are covering social media art the moment.
He reminded them that the creation of fake news that causes alarm or distress, or for financial benefit carries jail terms of up to 5 years.
The Prosecutor's Office indicates what the fine will be for spreading hoaxes
As reported in lasprovincias and elsewhere in the Spanish press.
The Technical Secretariat of the Prosecutor's Office indicates that the health crisis has caused the breeding ground for attacks with false news, which respond to hate crimes, the revelation of secrets, against moral integrity, public disorders , insults and slander, against public health or against consumers.
The dissemination of hoaxes on social networks can carry up to five years in prison, according to the State Attorney General's Office, which has been exposed to false news this Friday to announce that it studies the criminal types where such crimes can be embedded.
This criterion suggests that posting or retweeting messages on Twitter whose content relates "falsely criminal acts to a certain social group" will be prosecuted as a hate crime, a criterion that gives as an example the complaints filed by the Barcelona Prosecutor's Office on minors unaccompanied foreigners. "From the content of the tweets it can be inferred the will of its authors to undermine the dignity and generate discredit of certain groups," indicates the Public Ministry, which carries penalties of six months to two years in prison and fines.
The Penal Code would be equally applicable, argues the Prosecutor's Office, if the false information included authentic personal data, a case that can lead to a crime of discovery and disclosure of secrets, punishable by a sentence of two to five years in prison.
The hoaxes against an individual person "in cases of very extreme gravity" could constitute a crime against moral integrity , from six months to two years in prison. The report warns that the simulation of alarms, terrorist attacks or catastrophes that trigger the activation of emergency services could be constitutive of public disorders, with penalties of three months to one year in prison or fines of three to two and a half years.
Likewise, the Technical Secretariat proposes for the crime of insults with publicity the penalty of a fine of six to fourteen months, or three to seven months in other cases, while for the crime of slander it would be from six months to two years in prison. or a fine of one to two years.
"The action of these types includes verbs such as 'manufacture, import, export, supply, intermediate, market', so that it is not easy to obtain sentences for those who simply make them known by attributing false properties to them," he explains.
During the coronavirus crisis, the Office of the Prosecutor has detected "scams consisting of raising money to cure coronavirus disease or establishing links to false diagnoses of coronavirus to obtain personal data." Conducts that with the Penal Code in hand would affect crimes against the market and consumers, with similar penalties.
For the Prosecutor's Office, as stated in the letter, "false news currently floods Internet pages and social networks , potentially generating confusion and even altering citizens' perception of reality" to benefit the vulnerable situation.
Please note the above article has been translated from Spanish to English so some detail may be lost in this translation