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Injury and assault: defence and claim
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A stampede and negligent injury
One case of The Criminal Chamber related to criminal services.
Supreme Court · Second Chamber (Penal) · 2023
ECLI:ES:TS:2023:4881
What the Supreme Court considered and decided
The Supreme Court upheld negligent-injury convictions arising from conduct in a metro carriage that caused passengers to flee. It examined the danger created and the injuries suffered during the stampede.
What this helps explain
The absence of intention to injure does not preclude liability for the reckless creation of a foreseeable danger.
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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Understanding to Decide
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