he Criminal Court No. 21 of Madrid has acquitted a 27-year-old Chinese citizen, resident and businesswoman in the Madrid district of Usera, of the crimes of industrial property, public health, and professional intrusion for which she had been accused by some of the most powerful luxury brands in the world: Louis Vuitton, Chanel, Gucci, Dior, Loewe, Balenciaga, Yves Saint Laurent, and Moschino, among others.
The case, known in legal circles as one of the cases of the year for pitting a small local merchant against international luxury giants— dates back to a police inspection carried out in 2019 at her bazaar on Dolores Barranco street. During that intervention, the agents located dozens of allegedly counterfeit items, from bags and clothing to cosmetics, imitating the brands filing the complaint. The investigation also suggested that unauthorized aesthetic treatments could be taking place in the establishment's basement.
The Prosecutor's Office was seeking up to three years in prison for the owner, as well as significant compensation in favor of the fashion firms, arguing that the seized material was counterfeit. However, the judge has issued an acquittal judgment applying the principle of in dubio pro reo, as it was not proven that the accused was aware of the sale or exhibition of these items, as argued by her lawyer, the criminal defense attorney Juan Gonzalo Ospina.
The director of Ospina Abogados argued that his client —who only answered her lawyer's questions during the trial— was merely the owner of the premises. According to the defense, the business was leased to another person, also of Chinese nationality, who would be the one managing the commercial activity and hiring staff.
The court also dismisses that the alleged seized cosmetics posed a health risk or that the accused carried out any medical or aesthetic activity. This despite an officer stating that there were beds and injection guns in the basement, and the expert from the Spanish Agency of Medicines reporting the existence of 16 samples, syringes, and cannulas without Spanish labeling or CE marking. According to the defense, these elements could not be attributed to the accused as the premises were rented.
The judicial resolution thus rejects the accusations of the major brands and exonerates the businesswoman from any criminal responsibility. Additionally, the judge decrees that the process costs be declared ex officio.