A Barcelona judge has sentenced a man to pay compensation €7,000 to an agent of Mossos d’Esquadra who he spat in the face and eyes while shouting that he had the AIDSforcing the policeman to undergo a antiretroviral treatment until verifying that it was a false threat.
In the sentence, to which Efe has had access, the head of the criminal court number 1 of Barcelona attributes to the accused, Abel CGa crime of resistance, for which he is also fined 2,880 euros.
The judge concludes in the sentence, which can be appealed, that the fact that the accused spit in the mouth and eyes to the agent and shout that he had the hiv virus caused a “well-founded suspicion” that forced the policeman to undergo treatment, since, according to the experts, it was a means of “plausible contagion” because saliva is “undoubtedly” a vector mechanism for the transmission of this serious disease.
“I’m going to kill you”
The events occurred on March 14, 2021 when the accused, of Cuban origin and who did not appear for trial, was on Sardenya street in Barcelona, where several Mossos d’Esquadra crews went after being alerted by the police that had assaulted a woman.
According to the ruling, when the defendant saw the Mossos arrive, tried to run awayalthough he was able to be intercepted by the agents and placed in a police vehicle, while making threats such as “I’m going to kill you”.
Once inside the police vehicle, and with the aim, according to the judge, of preventing a “correct” police action, the detainee spat “repeatedly” to the Mossos, impacting on one occasion in the mouth and in the eye of one of the agents while he shouted that he was carrying the HIV virus. In addition, he released several kicks the same agent, who hit him in the legs, although they did not injure him.
180 days of controls
Given the suspicion that the defendant could be affected by AIDS and the possibility of its transmission, the agent had to undergo antiretroviral treatment for four weeks, for which he was in agreement. sick leave from March 16, 2021 to April 7, 2021, when it was found that the detainee did not have this disease.
Treatment with antiretrovirals generated the agent tiredness and gastrointestinal problems and in addition he had to follow the following months a control with serological analytics, for which the whole process lasted for 180 days.
In her sentence, the judge remarked that the fact that the accused spit in the face and eyes of the constable while repeatedly shouting that he was a carrier of the AIDS virus generated a “accredited necessity and precaution” for the agent to undergo antiretroviral treatment and subsequent control.
Despite the fact that the direct action of the defendant did not injure the police officer, the judge considers that nothing prevents the agent, advised by the legal services of the USPAC union, from claiming for the damages caused by the treatment to which he had to submit, as it was a “founded suspicion” and a means of “plausible contagion”.
Despite the fact that the judge considers that the conduct of the accused “deserves criminal reproach”, she does not appreciate the circumstances required to send him to prisonsince he understands that, within the seriousness required for the crime of resistance, his action is of the minimum degree since it did not produce serious consequences.
USPAC demands that Interior pay compensation
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For this reason, it condemns the defendant for a crime of resistance and orders him to compensate the Mosso with 7,000 euros for the moral damage suffered and for the days of treatment to which he had to submit, and also imposes a fine of 2,880 euros.
The USPAC unionwho has given legal advice to the agent, has warned that, before the insolvency of the convicted person, who did not appear for trial, must be the home department of the Generalitat who pays the compensation, by virtue of a ruling of the Supreme Court that allows claims to the administration for the injuries suffered in the act of service.