- The high court applies the complete exemption to him of right of self-defense and annuls his sentence of two months by injuries
- It considers that the answer was provided in front of the Hearing of Navarre that considered that the means were not suitable
The Supreme Court is acquitted a woman whom he hurt with a knife to his pair because he acted in right of self-defense after he attacked it and he threatened it killing it and violating it. The Room of the Penitentiary annuls therefore the sentence of two months by a crime of injuries that had imposed him to her the Hearing from Navarre when considering that the complete exemption of right of self-defense and not as extenuating must be applied.
The Supreme one considers that the woman, victim of sort violence, acted of form provided to a illegal aggression, in front of the Hearing of Navarre that also considered that the aggression was illegal and that was self defense, but that determined that the used method - using a knife for clav¡rselo- was not the suitable one. For that reason it reduced the pain to two months but it condemned it by injuries with use of a dangerous instrument.
In the spread sentence this Friday, the high court rejects the resource of the man and ratifies the initial sentence of a year and a half of jail by crimes of occasional battering and serious threats, concurring the extenuating one of illegal delays in the judicial process.
The facts happened in September of 2013 in trascurso of a discussion in their house of Cintru©nigo (Navarre) when it closed the door dela house and lowered the blinds and he began to beat sending it to the ground, throwing to him of the hairs, imprisoning to him the head with the knee.
The man threatened it killing it and violating it
The sentence explains that the man bit to him in the right ear, put a knife to him of kitchen in the neck, while it told him that it was going to him to kill and that night perhaps violated it. According to the proven facts, the woman was useful a little while that its pair let the knife to take it momentarily and to nail it in the thorax causing a wound to him of little length.
The National Hearing ended up it condemning to two months of prison by a crime of injuries and it applied the right of self-defense to him as extenuating but not as complete exemption when arguing that its action did not satisfy the requirement of the rational necessity of used means to prevent or to repel the aggression.
Nevertheless, the Supreme one indicates that it cannot be spoken of disproportion in the reaction of the woman. The rational necessity of used means (¦) it has to be measured not as in a laboratory, but in casu, locating us in the position of the attacked one and counting on all the circumstances (alternative, situation, possibilities), explains the sentence.
The Supreme one emphasizes that the victim was annulled
Here to demand of the victim the resolution adds, of smaller physical strength than the aggressor, thrown to the ground and annulled, another means of defense that the one that appeared to him when it noticed that the knife that it had had located in the neck was loosen by the aggressor, does not seem average, he adds.
He is not simple to imagine another suitable defensive action. Especially if one considers (¦) that it only caused a minor wound and that after verifying that the aggression, already yes, it must be had by stopped and the sworn in danger, demoted that attitude without trying to realise new stabbings and helping to even his then.
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