gender-based violence and evidence of injuries in the accusation
In a procedure for gender-based violence, the written prosecution must connect the attributed facts with the test and with the requested measures. This assumption allows us to explain the function of medical care, the expert and the testimonies, without reproducing the intimate story of the affected people.
What the accusation asked for
The private accusation described episodes of aggression and offensive expressions in the context of a relationship. He requested a criminal response and prohibitions on approach and communication, in addition to compensation linked to the alleged injuries.
These were provisional conclusions: they expressed the position of the prosecution and the requests that should be submitted to the process. The request for a penalty or prohibition does not prove that it was imposed, nor does it allow attributing to the person investigated facts declared proven.
How the tests were connected
The document proposed the statement of the injured party, police testimony, the interrogation of the accused and the intervention of the professional author of the health report. Each medium had a different function: explain what happened, provide observations and assess the physical consequences.
The medical report documents findings and evolution, but its scope must be analyzed together with the rest of the test. It is important to distinguish the assistance received, the treatments, the healing time and the limitations, without automatically transferring a clinical assessment to a conclusion about authorship.
Protection and compensation are different issues
The requests for removal and prohibition of contact referred to the protection of the affected person. The compensation was related to the damage for which repair was requested. Neither the distance, nor the duration, nor the amount requested in writing constitute a general rate.
To prepare the matter, attendance reports, subsequent reports and the complete preservation of pertinent communications are relevant. Possible non-compliance with already agreed measures must also be explained. The assessment corresponds to the procedure and requires respecting the rights of all parties. If there is a current danger, emergency care and protection should not wait to complete a document portfolio.
matrimonialistas Abogados can help you review the documentation and assess the options applicable to your situation.
Penal Code articles 153 and 173 · BOE ↗ (opens in a new tab)