The crime of abuse does not require causing an injury to be considered as such. This is established by the Supreme Court in a ruling in which it also rejects that the aggressor's consumption of alcohol is grounds to lower the facts to a minor offense. This ruling responds to an appeal of cassation against a judgment issued by the Provincial Court of Palma de Mallorca for which a man was sentenced to 15 months in prison for habitually mistreating his partner and hitting him once. In addition, he was prohibited from communicating or approaching less than 500 meters from the victim.
The aggressor obtained in the judgment of the Balearic Court, dated May 24, 2017, an extenuating circumstance in his conviction for being under the influence of alcohol when he punched his partner twice and did not cause him injuries. Both the convicted man and the victim appealed the ruling.
The Supreme Court affirms in its judgment that what is included in the law is the extenuating circumstance of intoxication in these cases, but not to reduce the severity of habitual abuse to a minor crime, which was what the defendant requested in the appeal filed.
The high court notes that the facts described in the judgment are constitutive of a crime of habitual abuse and recalls that "the essence" of the criminal offense "does not require in any way the causation of an injury."
"It is not required, therefore, a part of health, or a forensic report, but the conviction of the judge that, in effect, there has been an aggression as shown in the proven fact of giving a couple punches in the face , without any record that caused him any injury, "argues the judgment of the Criminal Chamber of the Supreme Court, which has been speaker magistrate Vicente Magro Servet. The appeal filed against the sentence handed down by the Provincial Court of Palma de Mallorca by the aggressor sought to reduce the seriousness of the acts of habitual abuse to a lack of repeated alcohol consumption by the accused, something that the Supreme Court dismisses in its judgment.
"In the context of the couple relationship, there can not be an attenuation of the penalty for the consumption of alcohol, using the author of physical or psychological abuse as if it were an attenuated subtype, or reducing it to the consideration of lack", stresses sentence. The court has considered that there is a crime of habitual psychological abuse, which is included in the Criminal Code. As he emphasizes, "the context of the couple's relationship in which the complainant lived with the victim was in a permanent criminal behavior of habitual abuse of humiliation and psychological domination." And despite the fact that the facts occurred after the consumption of alcoholic beverages by the accused, the court considers that there is no reason why the abuse inflicted by the aggressor to his partner is reduced to a misdemeanor.
Declaration of the victim
In this judgment, the Supreme Court establishes guidelines to take into account before the declaration of the victims. It establishes a series of parameters to evaluate the declaration of the victim on the day of the trial. The perception of security must be considered in the declaration of questions of the prosecutor, private accusation and defense; the concretion in the story of the facts, the expository clarity and the "gestural language" of conviction. That is, the gestures with which it is accompanied in his statement, the expository seriousness, descriptive expressiveness in the account of the events that occurred and the absence of contradictions.