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Injury and assault: defence and claim
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Injury during firearms instruction
One case of The Criminal Chamber related to criminal services.
Supreme Court · Second Chamber (Penal) · 2022
ECLI:ES:TS:2022:2543
What the Supreme Court considered and decided
The Supreme Court upheld an instructor’s conviction for gross negligence after live ammunition was used in a demonstration and a student was injured. It examined the omitted firearms safety checks.
What this helps explain
Professional experience may give effect to the duty of care required when developing a particularly dangerous activity.
Editorial summary from the official note of the CGPJ. It describes this resolution, without certifying the subsequent evolution of the procedure. It should be read with the legislation applicable to its facts, reforms and subsequent case law.
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Related legal terms
NegligenceSelf-defenceTreachery in the commission of an offenceDeliberate infliction of unnecessary sufferingCivil liability arising from an offenceBodily injuryPrivate prosecution by the victimReporting an offencePreliminary investigative proceedingsAbbreviated criminal procedureTrial hearingWitness reporting information received from othersCivil claim within criminal proceedingsAcquittal