The Supreme Court declares the subsidiary responsibility of the State in compensation of 547,000 euros to a prisoner attacked in prison

April 07 , 2021 // Specialty : Liability of public bodies

Published in Confilegal

The Supreme Court has declared the subsidiary civil responsibility of the State in the payment of compensation of 547,000 euros recognized to a prisoner who was left in a situation of great disability as a result of a punch that another inmate in the Dueñas prison (Palencia) gave him. The Criminal Chamber pronounces this way as it has not been proven that the penitentiary center adopted all the prevention and security measures that the circumstances required to prevent the aggression from taking place. The court, made up of Manuel Marchena Gómez -president- Antonio del Moral García, Susana Polo García, Eduardo de Porres Ortiz de Urbina- rapporteur- and Javier Hernández García, considers the appeal of the private prosecution, on behalf of the attacked prisoner and his sister, who is his caregiver since he requires help with the essential tasks of daily life. In judgment 235/2021, March 12, it corrects the Palencia Court, which sentenced the aggressor to three years in prison for the crime of injuries and the payment of the aforementioned compensation, but acquitted the State as a subsidiary civil liable. The Hearing made that decision considering that the event was unpredictable and not susceptible to control, since it was a quick attack with a single blow, and no weapons or dangerous objects were used.

 

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El TS declara la responsabilidad subsidiaria del Estado en una indemnización de 547.000 euros a un preso agredido en la cárcel
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