The boxer Antonio Barrul He was watching a movie at the cinema with his wife and children when, upon seeing a man mistreating his wife, he could not contain himself and went out to meet him to try to calm him down. He did not succeed and the man’s threats ended in a fight that was resolved in just a few blows, a conflict that could have criminal consequences for him once the filing of a complaint by the man he attacked is known.
First of all, and as is obvious, the criminal process must start from a complaint that, after several days of uncertainty, has already been presented by the man who was subdued by Barrul in the movie theater. “Now with only the video as the only evidence it is difficult to make a prediction,” he warned this Tuesday. the criminal lawyer José MarÃa de Pabloone of the legal sources consulted for the preparation of this article.
Once it has been presented, a case will now begin in which every aspect is key, so everything should be studied carefully. Of course, what is ruled out from the first moment is the consideration of the professional boxer’s fists as a “stab weapon”, as stated Manuel Iglesias Pradafrom the law firm Estudio JurÃdico Luchana 9, a criminal lawyer who was also consulted by 20 minutes.
Both agree and justify their response when referring to the aggravating factors of an alleged crime of injuries contemplated in the first section of Article 148 of the Penal Code: If weapons, instruments, objects, means, specifically dangerous methods or forms for life or health, physical or psychic, of the injured.
“The penal code speaks of knives and refers to knives and razors (…) the fact of being a boxer is not, a prioria ‘specifically dangerous method'”, considers José MarÃa de Pablo. For his part, Manuel Iglesias Prada clarifies that it could be significant in relation to the range of the possible penalty, “although everything will depend on the injuries”he insists.
“Injuries are the key,” both agree, again. And, based on the damage caused by Antonio Barrul lThe consequences could be very different.
“If it has not caused injuries, it is a minor crime, which was previously considered a misdemeanor. They could give you a small fine, about 100 euros, for example, although The amount of the penalty depends on many details“, says De Pablo.
If a person, no matter how much a boxer or martial arts expert he may be, smacks another person and causes a bruise, that will not aggravate the crime because he would not have used the knowledge of his profession in the attack. The crime would be aggravated If the injuries do require more treatment than first aidsuch as a surgical intervention such as the need to put stitches,” adds Manuel Iglesias Prada.
Just as it could have aggravating circumstances, the assault “might have extenuating circumstances”At least that is what Manuel Iglesias Prada claims when asked about the influence that the apology messages published by the boxer through his social networks would have on a possible trial.
José MarÃa de Pablo’s opinion on the matter is different, because despite clarifying that this “depends on many factors,” He does not believe that there can be “a mitigating circumstance for publicly apologizing.”“.
Now, beyond the possible sporting consequences for the boxer – who will not be suspended, at least as sources from the Spanish Boxing Federation and the Castilla y León Boxing Federation have announced – everything will depend on “the severity of the injuries, which is the key data that is not yet known and on which everything depends”, Iglesias Prada ditches.
