April 15, 2021

The Supreme orders to reopen the case of a lieutenant who insulted a non-commissioned officer | Society

The Supreme orders to reopen the case of a lieutenant who insulted a non-commissioned officer | Society

The Military Chamber of the Supreme Court has ordered, in a sentence issued last 12, investigate the lieutenant who called "bitch" and "bitch" a sergeant because "it can not be ruled out" that the treatment infringed by the military command your subordinate has criminal relevance. The Military Territorial Court First agreed the definitive dismissal of the case against the lieutenant, prosecuted for a crime of abuse of authority, arguing that the facts were not constituting a criminal offense.

According to the investigation, after a dinner at the Military Club La Dehesa (Madrid), the lieutenant and the sergeant went to have a drink with other soldiers. At one point, the first tried to get the NCO to show him his tattoos, which he rejected. Then, the superior took her by the waist, saying that she was "hard as a whore." Later, when she refused to invite him to a drink, the officer called her "fox" in the presence of a corporal.

Hierarchical relationship

The head of the Military Togado Court number 11, which instructed the case, considered that these expressions "are never admissible, not only in the Armed Forces, but in no area of ​​life, but it is true that they can not be categorized as mere expressions malcontent or vulgar, but in no case present criminal entity. According to the judge, "existed between both [teniente y suboficial] a relationship that went beyond the strictly professional "and the alleged friendship" dilutes that offensive connotation that could have the terms used ",

The first attempt to file the case was frustrated because the superior court ordered that the procedure be continued, which led to the lieutenant being prosecuted for a crime of abuse of authority, punishable by a sentence of six months to five years in prison.

However, on May 18, the First Territorial Military Tribunal agreed to the conclusion of the summary and the definitive and total dismissal of the case, admitting only that the lieutenant could incur a disciplinary offense. This time it was the Supreme who, thanks to the resource of Regina Dorado, lawyer of the sergeant, has prevented the case file.

The Supreme Court "does not share" the decision of the military court, which did not see in the sergeant "a feeling of humiliation, vexation, harassment or serious degradation"; and remember that degrading treatment "refers to those actions designed to degrade or diminish the dignity of a person by despising, degrading, humiliating or dishonoring."

"In this case," he adds, "in which the element of the hierarchical relationship of superior between the person who utters the potentially derogatory comments and the victim, an alleged lack of transcendence of the same or the mere fact that between both existed a previous relation of confidence, even of certain friendship, can not exclude without more the possible concurrence of the criminal type ".

Consequently, the Supreme Court annuls the file of the case and orders to follow the instruction for the trial to be held.


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