This state court related to Madrid The teenager who attacked the toilet in the hospital was sentenced to 4 years in prison Madrid’s Underground For asking him to wear a mask in July 2021. The sentence is significantly below the eight-year prison sentence requested by the prosecutor’s office, crime of injury deliberate in the ideal competition with the crime of injury loss of main limb (sight in one eye) for gross negligence.
This has been pointed out by 15th Division of the Madrid County Court Accessed by EL PERIÓDICO DE ESPAÑA from the Prensa Ibérica group and in expulsion from Spanish territory and a 10-year ban After serving three-quarters of your sentence, progress to the third degree or get parole. leg will pay its victim more than 72,000 euros in compensation.
At the hearing held on February 27, the accused He claimed that he hit the nurse with his arm with no intention of harming himself. when the victim feels panic as she punches him, denying that he has used a blunt object before.
special accusationHe asked for a prison sentence on behalf of the nurse who worked in the emergency room of the hospital. 10 years in prison for 9 years from attempted murder or alternatively bodily injury, plus More than 100,000 Euro compensation days to heal, sequelae and moral damage.
An argument that resulted in aggression
The events occurred on July 13, 2021 at around 10:30 pm. In a carriage of Line 1 of the Madrid Metro, on the route between Cuatro Caminos and Alto del Arenal stations. The attacker, a Colombian national, was in a disorderly state in SpainAccording to the decision signed by jury members Esther Arranz, María del Pilar Casado and Ana Revuelta -who was the speaker- and dated March 1.
According to that Account of proven facts, toilet needed Juan Camilo L.C. Correct placement of the mask as it is worn at the level of the chin without covering the nose and mouth. This caused an argument between the two that resulted in aggression and both they kicked and punched each other until they are left by other users.
Seconds later, when the subway stopped and before he got out of the car, the young man said to the nurse “with the intention of disrupting his bodily integrity”. “but without representing the possibility of the eyeball exploding”, According to the sentence he punched the toilet in the face, hit it with the edge of the phone while shouting “asshole, I hope you die”, then he fled from there.
As a result of this blow, the nurse said, “functional, complete and irreversible loss of the right eye”, in addition to other injuries. “The ocular sequelae he presented includes moral damage due to a slight loss in quality of life.”
The court found irresponsibility
The court justifies that the sentence is lower than that requested by the prosecution and the special prosecutor’s office. there was no fraud, there was imprudence in terms of the accused’s crime.
After examining the facts and circumstances, he concluded that “it is unlikely (…) that the blow to the eye would cause fatal eye vision loss” while using the mobile phone. It cannot be concluded that the convict’s intent was to burst the eyeball. your toilet. His utterance of “scumbag, I hope you die” after the injury does not reflect this intention either.
“The absence of mitigated penalty provisions for ultimate caste – adds the sentence – necessitates us to be extremely careful in examining the reconciliation of this, since the proportions of the penalties must also be taken into account in order to draw conclusions. fair and balanced answers“.
Negligence means “where the right of judgment is undermined, finally, the eye, very important as the main body and should have been aware of the danger posed by the defendant’s act”. However, he denies that any mitigation can be applied to the mental change resulting from drug use.