The use of a dog of catalogued race as dangerous has embroider in the article 148.1º of the Penal Code, as half suitable to cause serious injuries in the attacked one
Court of the Penal number 2 Vitoria-Gasteiz, Sentence 19 June 2018
Newspaper the Law, Number 9375, Section the Sentence of the day, 12 of March of 2019, Publishing Wolters Kluwer
The causaci³n of injuries doing use of a dog is included in the dangerous means catalogue and base the aggravation on the increase of the aggressive capacity in acting of the agent and the greater risk of causing injuries.
Although the implied ones maintain contradictory versions on the facts, yes it gives the Court as proven that enters both existed at least one discussion related to the dogs of which they are owners, and who the dog of one of the defendant bit to the other causing injuries to him by deep erosions with tear in left forearm.
The dogs of race American Staffodshire Terrier, to which the dog of the defendant belongs, are including within the scope of application of Law 50/99, of 23 of December (LAW 4778/1999), on the Legal Regime of the Potentially Dangerous Animal Possession.
Discarded as probatory means the declaration of the witness, pair of the defendant, understands the Magistrate who exists test of position sufficient, forceful and full to enervate to innocence presumption and to base the dictation of a condemnatory sentence.
Questioned that was caused injuries, and that were it with dolo or intention to injure, it is not questioned if the used salary a dog of catalogued race as dangerous has embroider in the article 148.1º (LAW 3996/1995) of the Penal Code, as half suitable to cause serious and dangerous injuries in the attacked one.
Several sentences of coincident Hearings exist in which the causaci³n of injuries doing use of a dog clearly includes in the dangerous means catalogue of the article 148.1º (LAW 3996/1995) of the Penal Code and bases the aggravation on the increase of the aggressive capacity in acting of the agent and the greater risk of causaci³n of injuries.
As far as the aggression received by the defendant when the victim of the attack of the dog, also accused, after being bitten by the dog, and as reaction to the bite moved the arms, while the dog balanced itself since he was stingy to his arm while it bit, strikes to the defendant by means of a punch, el Juzgado declares his acquittal with respect to the lack of injuries imputed.
Of a side because as maintains the Fiscal Ministry, the punch was a reaction before the attack of the dog that was suffering that overwhelms the complete exemption with right of self-defense, and another one because the application is more favorable from the Penal Code in its writing previous to at the moment effective one because the interpretation that must occur to the D.T. 2ª of the 3/1989 is the one that it compares, in this transient state, the before public lack and now slight crimes needed denunciation of the offended one, and suppresses all possibility that to the processes in procedure it falls penal sentence, leaving reduced the object of the process to the civil compensation of the harmed one if this it has not resigned specifically to the same.
The Court fails condemning to the defendant owner of the dog of race American Staffodshire by a crime of injuries with use of dangerous means to the pain of 1 year and 2 months of prison, and acquits the other defendant of the lack of injuries, when applying the complete exemption of right of self-defense.
If you need help legal, to speak with a lawyer or any type of proceeding; our equipment is highly qualified and owns a solid legal formation in an ample range of specialties of the right to help you whatever your situation.
YOU NEED A LAWYER?
Mobile: 608 217 194/Email: email@example.com