A woman will sit next week on the bench of the accused of the Court of Santa Cruz of Tenerife for a crime of fraudsince after being involved in a traffic accident she allegedly simulated injuries, for which she received compensation from €19,836.92.
The defendant received said amount as benefit for temporary disability resulting from the accident, whose offender was sentenced for a crime against road safety in its modality of driving under the influence of alcoholic beverages, in ideal concurrence with a crime of reckless injury.
Within the framework of said criminal proceeding, as stated by the prosecutor in his qualification brief, a forensic medical report in which they are appreciated “inconsistent data” between the state of “disconnection” of the accused and the physical examination to which she was subjected.
In it, the experts noted normal corneal reflex, active and constant resistance to eye opening, withdrawal reflex to light stimulation, control of the speed of the fall of the arm to the passive elevation and pain facies to the painful stimulus.
Neither did they observe hypotonia in any of the limbs, while the patient maintained osteotendinous reflexes and intact muscle mass at the time of examination.
The report concludes that, since “There is no disease or disorder that explains these inconsistencies“, in addition to the evidence provided, “from the medical point of view there is no reason that prevents him from testifying”.
The prosecutor maintains that the defendant “used deception by simulating a state of incapacity aimed at collecting benefits that could be recognized in attention to the pathologies that he tried to attribute to the traffic accident”.
And it adds that “such simulation also determined the judicial recognition of the incapacity, which may have led to the perception by the same or by her relatives of economic benefits for that reason.”
A court of Santa Cruz de Tenerife revoked the temporary disability of the accused and sentenced her to the return of 19,836.92 euros, which were paid in proxy payment; sentence that was confirmed by the Superior Court of Justice of the Canary Islands.
The prosecutor asks for the defendant 2 years in prisonspecial disqualification for the right to passive suffrage during the time of the sentence, and a fine of 1,200 euros, with the corresponding subsidiary personal liability for the case of non-payment, in addition to the payment of the procedural costs.
