The special prosecutor’s office demanded imprisonment of up to four years and the prosecutor’s office up to three years. who injured her partner’s ex-husband, ill-treatment to have insulted and beat his old moments before to face. Valencia County Court sentenced the victim’s emotional partner to six months in prison as a result of a fight between the two men, as the abuser had to undergo surgery for a fractured bicep on his left arm.
The High Court of Justice of the Commonwealth of Valencia agreed with the convicted person and acquitted him of wounds while considering the case, accepting the appeal made by his lawyer, Antonio Martín García. accredited self-defense exemption “before the real danger of assault” on women.
The sentence stated that “it was perfectly reasonable for the accused to intervene”. prevent him from continuing to hit his partner and son like he did when he was leaving school minutes ago.”
The sentence defines the confrontation as “a mere struggle” and accepts the defendant’s attitude as rational.
The events stretch back to the afternoon of November 2, 2017, in the town of Aldaia, when the injured person went to school to pick up his two children. violate the visiting regime accept. already had Argument with ex-wife and mother of children insulting and beating himfacts for which he was convicted as the perpetrator of gender-based violence, injury and domestic abuse. Sentenced by the 16th Assize Court of Valencia in October 2019.
after this event followed his ex-wife home at high speedand “far from giving up his position”, he displayed “the same violent demeanor” by insulting both his ex-wife and his ex-mother-in-law in an unsuccessful attempt to calm things down, according to the facts as evidenced in the sentence. down.
Thus, according to the TSJCV’s decision, the defendant acquitted for making self-defenseSeeing what happened through the window, she went down to the street “to protect her partner” because she was “aware of the events she caused before” by her emotional partner’s ex. In this way, the agency says it set out to “prevent the alleged abuser from getting back to his partner”.
There was something then. the struggle between the twocaused them to fall to the ground, and they continued to fight until a passerby caught their attention and stopped the fight. The decision stated that “the conflict was very short-lived and that during that time no evidence of specific violencenor a certain exchange of blows different from the friction determined by the struggle”.
As a result, the now acquitted person suffered a bleeding wound on his nose that did not require any medical attention and did not claim any compensation. His opponent initially had bruises on his neck, a bruise on his lower right limb, and a bruise on his left arm. Later they found a tear off the necessary biceps medical and surgical treatmentand it took a total of 383 days to recover, he said.
117,000 € compensation
For these injuries, the Public Prosecutor demanded compensation of 35,990 Euros, a figure which, according to the special prosecutor’s claim, rose to 117,000 Euros. While the court did not question the causal relationship with the injuries, it noted that ” the absolute disproportion that exists between the ‘struggle’ and its consequences finished”.
And he concludes: “More than a fierce fight, it was actually a short episode. just a struggle” and “the defendant’s attitude to stand between the injured party and his partner is rational because he fears the behavior of the defendant in the face of problems they have experienced in other situations before”. acquits him and releases him from any liability.