The doctor identified as CLMC, with the double specialty of anesthesiology and oncology, who during the state of alarm of 2020 denounced two local police from Santa Cruz of Tenerife for alleged crime of coercion that would have occurred on April 3 of that year, she has been acquitted of the crime of theft or misappropriation of which she was first denounced by the agents of the Santa Cruz Local Police after she I would have taken the two motorcycle helmets of the officers and thrown them into a garbage container after being sanctioned by having wrongly parked his vehicle on Imeldo Serís street while he was going to a pharmacy to buy medicine. It was also denounced by damage a pivot or bollard located in the area where you parked your vehicle.
In a judgment of the Criminal Court number 1 of Santa Cruz de Tenerife, to which you have had access The day, the magistrate has acquitted the doctor of the crime of which she had been accused fundamentally because “The value of the helmets or their deterioration, as well as the impossibility of reusing them, and in that case the cost of it, or that they have been discarded, is not proven.”.
The Public Prosecutor in its indictment against the physician requested the imposition of a sentence of nine months in prison, the payment of costs and to compensate the Santa Cruz de Tenerife City Council by motorcycle helmets stolen in the amount of 436.90 euros, as well as the amount determined in the execution of the judgment for the damage to the pivot, plus the corresponding legal interest.
The defense represented by the lawyer Alfonso Delgado, expressed their opposition to the indictment of the Prosecutor’s Office and interested in the free acquittal of their client. The lawyer argued that there was no profit motive on the part of his client, since the purpose of the accused was not to incorporate said helmets into his patrimony.
In the oral hearing, the Public Prosecutor’s Office modified its provisional conclusions and classified the facts as constituting a minor crime of theft or a minor crime of misappropriation, with interest in both cases being the penalty of 3-month fine at a rate of eight euros a day and, in the event of non-payment of the fine, that two unpaid installments of the fine be substituted for one day of deprivation of liberty.
In the sentence, the magistrate indicates that the extent of the damage to motorcycle helmets could not be determined, since the defendant says that she deposited them in a paper container, while the responding agents say that they were in an unspecified container and that they could not be reused because They were not going to use them because they were in a garbage container and given the political and social alert unleashed by the Covid. But nevertheless, From the test carried out, it is not concluded that they were unusable, since the actual purchase of other.
In addition, the cost of the motorcycle helmets – initially valued at 251 euros – and whether they were reused or not is unknown. On the other hand, it is unknown if there is an administrative file for claim the pivot damages and what expense may have meant to the public service the time that the agents of the authority were without helmets and therefore without rendering the service.
In a few weeks the trial will be held for the complaint that the doctor filed against the agents for an alleged crime of coercion.
