The Constitutional Court has rejected the resource of shelter asked for by two people who had been condemned by the Court of the Penitentiary in first instance and by the Provincial Hearing of Barcelona, in second instance, by the manufacture, card sale and distribution descodificar and to accede of nonauthorized way to the programming of Digital Satelite channel (today Digital+).
Also they had been condemned by coming to the copy of CD's of all type and commercializing them later.
According to Sogecable, in this sentence the Constitutional Court feels a legal precedent of great value when confirming like very serious crime the pirate card manufacture, sale, distribution and use to accede to the pay television and to justify the interception of the communications to persecute such conducts when considering of extreme east gravity type of crimes.
The Provincial Hearing of Barcelona condemned the defendant, in sentence of 4 of November of 2002, by a crime of discovery and revelation of secrets to the pains of a year of prison, with the accessory of special incapacitation for the exercise of the right of passive suffrage during the time of the sentence and fines of twelve months. In addition, to the previous sentence, the obligation was added to compensate to Digital Satelite channel by the damages and damages that they had caused to this company with such conducts.
The past 3 of April of 2006, the Room First of the Constitutional Court dictated a sentence that can be considered historical, to the being the first time that the high court pronounces on the penal standardization of these conducts, creating therefore a precedent of enormous legal value, and when justifying the possibility of telephone interventions to the authors of the same, thus rejects the asked for shelter.