The Territorial Military Court of Santa Cruz de Tenerife has sentenced a corporal to six months in prison forabuse of authority in the form of mistreatment, with suspension of employment during that time and the payment of 250 euros to a soldier to whom he gave a slap.
The Court attributes serious misconduct to him, which is why at the time a case was opened against him. disciplinary file which concluded with this ruling in accordance so that it was not necessary to hold the hearing.
The command is part of the Sapper Company of the XVI Battalion and on the day April 12, 2022 At around 7:40 a.m. when the company was waiting to form the flag in the Parade Ground, he addressed the complainant and asked him: “What’s wrong with you?” and then slap him in the face.
The assault was observed by some of those present, who had to grab the companion until he calmed down.
Aside from the immediate facial redness he suffered, The soldier did not require health care, nor did he cause sick leave for the service.
The sentence was imposed based on article of the Military Penal Code which includes: “A superior who mistreats a subordinate on the spot will be punished with a sentence of six months to five years in prison, without prejudice to the corresponding penalty for the harmful results.”
This code differentiates what is a mere physical contact without criminal relevance of one that does have it and that would correspond to any act of physical violence.
The Military Chamber understands that in this specific case the proven facts are “without a doubt” included within this type since the slap of the aggressor to the victim “more than completes the element of abuse without any argumentative effort”to which is added that the facts have been admitted by the corporal who was convicted himself.
It is also considered “evident” the intention and will of mistreating a subordinate, so it is ruled out that the blow was due to recklessness, an accident or in legitimate defense, which could justify the action and exonerate the aggressor.
There is also no doubt about the condition of the corporal as superior and author of the aggression and the subordinate who in this case corresponds to the victim.
