Overview

• The Penal Chamber partially upheld the heirs’ appeal, raising compensation back to €24,060 for each of the victim’s two children.
• The judges ruled the act was less serious negligent homicide in ideal concurrence with at least a crime of maltreatment.
• The court found no intent to kill, noting the intervention occurred in a hazardous situation as the elderly man struck his wife with a cane.
• The ruling highlights the attacker’s youth and strength versus the 91-year-old’s frailty and reliance on a cane when assessing foreseeable risk.
• The victim died from a post-traumatic intracranial hemorrhage after falling and hitting his head following a single punch in 2017 in Valdemoro.