The Provincial Court of A Coruña has set a compensation of 329,646 euros for a neighbor from Carballo (A Coruña) who in October 2022 tried to end the life of her ex-husband. The accused accepted a sentence of four years in prison, although she maintained her opposition to the amount of civil liability.
According to the resolution, the woman accelerated with her car, "acting with manifest intent to end the life of the victim," and forcefully crashed into a doorway, "which caused her to fall on the body of her ex-partner, who at that moment was inside while trying to close it."
The Court details that the defendant admitted the facts and consented to a sentence of four years in prison, in addition to the payment of fines totaling 2,280 euros, for a crime of attempted homicide, another continued crime of damage, and a minor crime of injuries. In the attempted homicide, the aggravating factor of kinship was applied and, for all crimes, the qualified mitigating factor of psychological disturbance.
The ruling states that the woman went to her ex-partner's home, caused damage to several vehicles and a large door, accelerated the car with the intention of killing him, and caused him significant injuries, in addition to minor injuries to another family member. However, she disputed the civil liability, while the insurer questioned whether the incident was covered due to its malicious nature.
Finally, the Court condemns the accused to compensate her ex-husband with 311,563 euros for days of incapacity, surgical interventions, sequelae, moral damage, lost profits, and damage to his vehicle, as well as to pay 2,783 euros to the other two injured parties and 15,299 euros to the Galician Health Service for the medical expenses incurred.
The court also declares that the insurance company is directly liable for all these amounts, applying Article 20 of the Insurance Contract Law, with the corresponding legal interests and deducting the sums already deposited.
To quantify personal damages, the judges give precedence to the forensic expert report over that presented by the insurer when determining the days of healing, the sequelae, and the harm due to loss of quality of life. They reject, however, applying the 20% increase for willful production, considering that "the influence of the pathological elements presented by the convicted has had an influence on the facts," and they also recognize the compensations for material damages.
Against this ruling, an appeal can be filed before the Civil and Criminal Chamber of the TSXG.