Córdoba police officer appeals to Supreme Court for recognition of injuries in domestic violence case
The Supreme Court has admitted an appeal by a national police officer seeking recognition of injuries sustained whilst defending a woman assaulted in 2021. The high court must determine whether the off-duty intervention constitutes an act of service.
Police officer seeks Supreme Court recognition of injuries in defence of assaulted woman
According to diariocordoba.com, the Supreme Court has admitted for proceedings a cassation appeal filed by a national police officer in Córdoba after suffering assault whilst defending a woman victim of domestic violence. The officer requests that the blows and kicks received on 8 September 2021 in a car park next to the RTVA be recognised as injuries sustained in an act of service.
The Supreme Court's order, issued on 30 September, recognises the appeal's interest "for the formation of jurisprudence". The central question that the court must resolve is whether injuries suffered by a police officer who, whilst off duty and witnessing a criminal act, intervenes in fulfilment of duty, should be considered as occurring in connection with service for the purposes of recognition of rights.
The events occurred at approximately 3.30 a.m. The officer, off duty and in the company of friends, observed approximately twenty metres away a couple arguing in which the man was shouting at and pushing a woman. Moments later, when the woman passed near the police officer's group and was recognised by an acquaintance, they offered to accompany her to her home because she was crying.
Once inside the vehicle, the attacker reappeared and thrust half his body through the driver's window attempting to remove the ignition key. The police officer exited the vehicle to calm the individual, at which point he was attacked suddenly and violently, receiving multiple blows and kicks that left him temporarily unconscious.
In April 2022, the director general of police filed away the proceedings, expressly declaring that the injuries were not sustained in an act or in connection with service. The officer appealed to the Superior Court of Justice of Andalucía, which in November 2024 ruled against him, considering that he was off duty and did not identify himself as a police officer.
The TSJA judgment emphasises that "in order to characterise the injuries suffered by a civil servant in the provision of police service, it is necessary that he is performing a service of these characteristics", without the existence of fraud, negligence or lack of skill that breaks the causal relationship between the injuries and the service provided.
The police officer's defence argues before the Supreme Court that, as a member of the National Police Force, he was obliged to intervene in defence of law and public safety, regardless of whether he was on duty or not. Furthermore, it maintains that the injuries were not compensated by the administration despite his intervention to prevent an act of gender violence. The Supreme Court will need to rule on this matter of principle regarding the scope of the duty of security officers.
Source: Google News ES — Crime (es)