Assault, Denuncia and court procedures
Posted: 06 June 2013 08:31 PM  
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Hi
Hoping someone can make things clearer for me, either with legal knowledge or direct experience, also might help others in future.
I was assaulted (punched) by a British male (bar owner) last year. The Police were called and there were witnesses. I followed procedures; went to hospital, filed a ‘denuncia’ etc., eventually had several visits to court, forensic consultation and then attended court for ‘resolucion’. It turns out that, although the man has been contacted by the police, he never attended any requests to go to the court, so never filed a response, so the case has been suspended, which probably means indefinitely because, I believe, he and his partner have left Spain.

I thought that, as he didn’t attend court, he would be found guilty, not so, apparently.

OK, if he’s gone, good, but I wanted to see justice, I could have taken one of the many offers from ‘friends’ to ‘do it properly’, if you know what I mean, but I don’t work like that!

As an aside, but relevant, three months after he assaulted me, his female partner created a scenario via a denuncia against my son and myself, obviously an attempt to sway evidence and justify my injuries. Needless to say, on the day, she didn’t turn up at court and my son and I were found not guilty. So, in her absence, the case was awarded to us. So why not award to me in my case.

Also, it is clearly stated that it is a criminal offence to file a false denuncia, I’ve heard nothing about that, yet, maybe I need to pursue that.

...and, it also states that there is a fine of up to 4000? for non-attendance in court, whether accused, victim or witness.

OK, I’ve got to look a bit further but, it seems, as of today, a couple of scumbags have got away with this just by non-compliance with the legal system.

Any advice, shared experience, anyone?

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