A judge from Pamplona considers that a citizen can record with his mobile a police intervention as a guarantee to avoid a possible abuse of authority, but he cannot upload this action directly to social networks, which is a "media explanation, without any reason" of the agents.
The judgment, appealable to the Court of Navarra, has been sentenced by the holder of Criminal Court No. 4 of Pamplona to three months in prison for a crime of resistance and drunkenness and to compensate a municipal agent with 125.28 euros.
The judge explained that "at that time the recording was not a guarantee to avoid a possible police abuse, but an unjustified media display of the agents who intervened and, more specifically, of the defendant who closely recorded the agent, whose identity can be disseminated on social networks without justified cause".
All this, according to the judgment, makes the order to stop recording not arbitrary, which would have occurred if the defendant had limited himself to recording the action without mentioning its dissemination on social networks and without its behavior being violent, insulting the acting agents. "Therefore, we insist, the defendant's action would have been in accordance with the administrative regulations cited above, provided that police action had been recorded to prevent police abuse," the judge insisted.
About 23:30 hours on 7 November last year, J.P.B. The defendant was with a group of people who were drinking beer at the confluence of Erletokieta Street with Avenida Zaragoza de Pamplona. The municipal police patrolled the area and, in view of the situation, the participants were identified and their administrative concretion was carried out.
The defendant started recording with his mobile phone the police intervention and, at the same time, rebuked the officers, whom he said he was going to raise the performance to social networks. As a result, the police separated him from the group to identify him and he used to "closely record a municipal police officer with his cell phone, who asked him to leave the area and stop recording."
"By ignoring the agent, he asked for the phone, found that he was recording a video, paralyzed the recording and returned it to the defendant", says the sentence, which at that time the defendant "gave a strong push in the chest to the agent", so the police had to hold him. The victim suffered nail trauma and right hand pain, according to the same source. The young woman, who needed the first medical care, recovered in four days and was treated in Madrid.
In the trial, the Public Prosecutor's Office requests 21 months in jail for a crime of attack on an authority agent and 600 euros for a minor offence of injuries and compensation of 125.28 euros. The defence, for its part, had called for the acquittal of his former sentimental partner.
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