The 4th Education Court of Elche, the Criminal Judgeship of Peace, decided to temporarily drop and archive the case brought against three young people who were investigated for a fire that broke out in a house with a wheelbarrow after they attended a wedding.
Thus, the court does not consider the facts constituting the crime of compensation, after the file request made by the accused, and closes the case with criminal action. Defense attorney for two of the defendants, José Moreno Bernal, and the positive report of the prosecutor’s office requesting parole.
The events occurred at dawn on October 30 last year. San Agatángelo street in Elche. The three men investigated were returning from a wedding, and one of them threw a wheelbarrow into the gallery of a house located on the mezzanine level of a building. The pyrotechnic device caused a fire with a large flame, which can be seen in the video. Local Police, Firefighters and National Police went to the location of the fire and evacuated the building because “there was a bottle of butane on the balcony», as stated in the court decision. Among the evacuated residents were young children and elderly people with reduced mobility.
Elche judge by file order leaves the legal remedy open to the injured party claim compensation for damage sustained in the fire, which was initially appraised by the home insurance company 14.000 €, Despite the official expert report issued for The court reduced the amount to over 5,000 euros.
The judge points out in the file order that the crime of compensation has not been proven and therefore it is appropriate to dismiss the case. For two person’s defense attorney guests at the wedding since they were cleared, there was no crime of harm in this case, since there was no fraud in the act and the economic damage did not exceed 80,000 euros determined by law for the crime in question. None of the appraisals can exceed the amount in question.
without intention
In the request for the case, the prosecution also points out that fraud – intentionality – cannot be blamed on those being investigated, explaining that it should be placed in the context of a wedding celebration.ejection of pyrotechnic material is more or less common».
The Ministry of Finance adds that “every time such artifact is used in such celebrations, it would be counterintuitive to think that the perpetrator continued the act, assuming the possibility of producing a harmful outcome.” According to him, it is “obviously” an act. reckless character» and « it is unlikely to think that launching the forklift would cause damage from a house fire ». He also recalls that they moved quickly “to notify emergency services and neighbors” to prevent the fire from spreading.
HE lawyer Jose Moreno Bernal In the request for the file, he stated that this was a reckless act and that the wheelbarrow was not intentionally thrown towards the house, but fell onto the balcony as the device was propelled by itself.
As this newspaper was published at the time, residents had to stay on public roads for an hour and a half until firefighters declared the area safe.
Source: Informacion
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