neighbor

The Court of Seville has confirmed the sentence imposed on a man, a lawyer by profession, who violated a restraining order regarding a neighbor his from Alcalá de Guadaíra and threw a “large” stone and a plastic bag in which there was “rad poison” into his patio. This is stated in a sentence dated January 16 and advanced by Europa Press in which the Seventh Section dismissed the appeal of the convicted person against the initial sentence of the Criminal Court number 16 of Seville, which dates from July 22, 2022. The defendant defended himself. during the process.

The first chamber declared it proven that the defendant, by virtue of an order issued on June 21 by Court number 2 of Alcalá, he was forbidden to come closer than five meters from his neighbor and communicate with him by any means. However, “with full knowledge” of that judicial decision, around 7:30 p.m. on November 28, 2017, she went to the other man’s house “and, once at the door, threw a large stone to the interior patio of the house, as well as a plastic bag containing rat poison”.

“As soon as he did such a thing, he was seen by the neighbor, who was going home in his car, followed by his wife’s,” the sentence continues. Upon verifying what he had done, they both faced each other and began a “face to face” discussion that ended when They were separated by “a middle-aged married couple who were passing by” and another common neighbor. This last witness confirmed the existence of the stone and the rat poison in the patio of the affected person’s house.

When analyzing the appeal of the convicted person, the Seventh Section considers the fact that there was a restraining order “undisputed”, so there was a “violation” when he undertook that “verbal communication” with the complainant. He also declares it proven that he violated the restraining order, “because the witness (the third neighbor) assured that both men were arguing a meter away”.

“In the case at hand, the testimony of the complainants has that aforementioned solidity, since it appears not only corroborated by the impartial witness, a neighbor of both parties, but also corroborated by the partial acknowledgments of the accused himself”, with which “it is also proven the commission by the latter of the minor crime of damage” in the victim’s home, says the Court.

The court only partially upholds the appeal with regard to the damage caused to a patio tile, that it does not quantify because it will do so in the execution phase of the judgment and with the obligation not to exceed the 30.25 euros at which they were initially assessed.

On the other hand, the Seventh Section orders the opening of testimony regarding the appeal, which contains allusions to the “vileness, meanness and villainy” of the head of the Criminal Court number 16, in case “they could constitute a crime”.

“The sacred right of defense cannot in any way cover disrespect that are poured into this resource. Expressions such as vileness, meanness and villainy, dedicated to the treatment given by the judge despite his absolutely patient performance in an extraordinarily lengthy trial due to the defendant’s interest in defending himself, are totally intolerable, apart from being able to constitute a crime of insult to authority for facts concerning the exercise of his position, as unacceptable the discussions held in the course of the trial with said judge, to whom the direction of the plenary was the exclusive responsibility”, denounces the Chamber.