The Sixth Section of the Provincial Court has ratified a fine of 1,410 euros for a man who attacked a National Police officer at the Arrecife police station. He must also compensate the officer with 105 euros for the injuries caused.
The accused was convicted in the first instance by the Criminal Court number 1 of Arrecife for a minor crime of injury and another of resisting authority, but appealed the ruling before the Provincial Court, which, in a ruling dated last July, dismissed his appeal.
Thus, it is considered proven that, on November 30, 2018, the accused was in the National Police Corps station "as a result of having had an incident" with a woman, to whom he "had deflated the tires of her vehicle".
Then, the accused tried "to access the place" where the woman was, before which a National Police officer "prevented him, ordering him to sit back down". However, "acting with the intention of violating the principle of authority and undermining the bodily integrity of the aforementioned agent", the accused proceeded "to give him a slap on the arm and push him against the door, being necessary to use the minimum essential force" to reduce him.
As a result of these events, the agent suffered injuries to an arm and a knee "that required first medical assistance for their recovery, with three days of healing, none of which prevented his usual occupations".
Accused's appeal
In his appeal, the accused alleged "existence of error in the assessment of the evidence" and "violation of the principle of presumption of innocence and effective judicial protection and infringement of legal precept". However, the Sixth Section of the Court considers that "there is sufficient evidence" against the accused.
In this regard, the court highlights the statement of the National Police officer witness and the injury reports of both the accused and the victim, considering proven "the concurrence of all the elements that make up the criminal type for which he has been convicted, as well as his participation in them without appreciating the existence of any error in the assessment of the evidence carried out by the trial judge, nor violation of any legal precept".
"The witness's statement contains sufficient elements of credibility and veracity to undermine the presumption of innocence, while the accused's version has no external corroboration", adds the Sixth Section of the Provincial Court, which also highlights that the victim's version of the events "has remained essentially identical throughout the process, not having varied" and "no spurious intent being appreciated".
