Defending your home

Information and questions about the Law in Spain and Andalucia.
Evelyn
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Defending your home

Postby Evelyn » Thu Apr 05, 2018 11:13 am

With regards to the recent case in the UK about the pensioner who defended himsel and unfortunately the assailant died. If the same happened here what does the law say.

jhonie99
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Re: Defending your home

Postby jhonie99 » Thu Apr 05, 2018 4:23 pm

If a foreigner kills a local, the foreigner goes to jail.

If a local kills a foreigner, the local gets an apology for being dragged to court!!

The locals will have more "witnesses" than a foreigner, therefore more likely to win a court case.

Spaniard versus Spaniard - one of my inlaws went to jail for defending himself with a knife against 4 people who attacked him.
The justice system in Spain is far worse than UK and that says a lot. It's a lottery!!

El Cid
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Re: Defending your home

Postby El Cid » Thu Apr 05, 2018 4:33 pm

The OP asked what the law was, not your interpretation of it.

Perhaps some other member will actually be able to provide a CORRECT answer.

Sid

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Re: Defending your home

Postby wollie » Fri Apr 06, 2018 9:41 am

While i cannot answer your question i believe the guy is perfectly entitled to defend his property/family.
Johnny your light hearted comments probably correct.
The not so light hearted criticism by Sid unnecessary but he may be lawyer.
This is the villian, i think he has made a few friends.
I say "lock him up?"
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BENIDORM
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Re: Defending your home

Postby BENIDORM » Fri Apr 06, 2018 10:37 am

Based on my own experience-observations, I would suggest that the law in Spain with regard to death or injury caused whilst defending oneself is very similar to the UK.
It is a very 'grey' area and in my view time for some updating of the laws, in all countries.
Any death or injury caused to an assailant will result in the 'victim' being taken away for questioning to determine if excessive force -violence was used whilst trying to defend and that is the big problem , how would you know or judge this when faced with such a shocking episode ?
It is also worth noting that if your dog bit an intruder at your home then you could also possibly be charged for allowing your dog to do this, the dog could be 'put down' and you would be fined and have to pay compensation and medical costs to the villain...crazy world.!

I hope that my brief explanation helps.

Regards,
Gordon.

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costakid
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Re: Defending your home

Postby costakid » Fri Apr 06, 2018 10:43 am

Not sure about Spain but UK law is: A 37 year old with a screwdriver enters the home of a 76 year old who is in bed and is stabbed to death. No way will they charge the man with murder. You are aloud by UK law to use reasonable force to defend your property and family. What was he supposed to do, hit him with a pillow?

markwilding
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Re: Defending your home

Postby markwilding » Fri Apr 06, 2018 10:54 am

wollie wrote:While i cannot answer your question i believe the guy is perfectly entitled to defend his property/family.
Johnny your light hearted comments probably correct.
The not so light hearted criticism by Sid unnecessary but he may be lawyer.
This is the villian, i think he has made a few friends.
I say "lock him up?"

I'm not quite clear what you are saying here. You seem to say it's fine to defend your home but lock him up anyway.

I also don't agree with Johnny and in some circumstances, Spanish law is much more liberal and softer than in the UK.

This current case has to be investagated before we can form true opinion. The law is clear, resonable force is lawful while excessive force is not.

There was the case of the famous gangster, Kenneth Noye, who got off killing policeman in his garden because he said he feared for his life and then stabbed a driver in a road rage incident and went to prison
Last edited by markwilding on Fri Apr 06, 2018 11:28 am, edited 2 times in total.

Evelyn
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Re: Defending your home

Postby Evelyn » Fri Apr 06, 2018 11:00 am

My point being, what is reasonable force? This poor man in England was probably defending all he has left in the world. Good for him I say. I dont think there is anyone who wouldnt, hand on heart, defend themselves. Scumbags, probably after drugs money.

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Re: Defending your home

Postby elusive » Fri Apr 06, 2018 11:39 am

Resonable force is whats deemed to be reasonable force by a jury. Theres not set rule every case is judged on its merits.theres several issues like was it done in the heat of the moment etc. Like with this case all depends on the actions. Lets say he takes the screwdriver off the burgular chases him around the house and stabs him in the back five times. I doubt a jury would see that as resonable force. Or instead he struggles with the man and accidently stabs him. I doubt a jury would then say hes actions were unreasonable.

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Re: Defending your home

Postby wollie » Fri Apr 06, 2018 11:54 am

I say "lock him up? tongue in cheek stuff, hence ???

katy
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Re: Defending your home

Postby katy » Fri Apr 06, 2018 1:59 pm

The Police drag a 78 yr old out of the house in handcuffs for questioning but seem to have done nothing to find out the identity of the other thief. I just wonder what most people would do when burgled with one thief upstairs with a female who has dementia. I think in law you are only allowed to defend yourself but once they run away let them go. The law is an ass, I would have chased him up the street too and kicked him when he fell down!

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Flexo
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Re: Defending your home

Postby Flexo » Fri Apr 06, 2018 7:37 pm

The British/ American home defense laws are quite unusual, in most countries you are liable even if a burglar falls on your stairs and hurts themselves while stealing your stuff.

markwilding
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Re: Defending your home

Postby markwilding » Fri Apr 06, 2018 8:15 pm

The BBC reporting that the police aren’t going to charge him.
Last edited by markwilding on Fri Apr 06, 2018 10:35 pm, edited 1 time in total.

El Cid
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Re: Defending your home

Postby El Cid » Fri Apr 06, 2018 8:43 pm


Manchesteral
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Re: Defending your home

Postby Manchesteral » Fri Apr 06, 2018 9:17 pm

The law defining murder is perfectly clear: Murder is defined at common law rather than by statute, as the unlawful killing of a reasonable person in being under the king or Queens peace with malice aforethought express or implied.

I don't think a burglar carrying a weapon and entering your home illegally in order to steal from you can be construed as being a "reasonable" person.
There was no malice aforethought because the home owner had no idea that he was about to be the victim of an armed criminal.
We haven't seen the full report yet but it's my guess that the homeowner desperately defending his home and disabled spouse, grappled with the intruder, somehow managed to wrest the screwdriver from him and struck out to defend himself, there is no way this is murder and the C P S should know this, I reckon his lawyers will, quite rightly stuff the C P S in any English court !

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Re: Defending your home

Postby elusive » Fri Apr 06, 2018 9:36 pm

It was just standard practice when someone dies in a potential homicide (death at the hands of another). Arrested on suspicion of murder.same as when there are deaths on the road. Arrested on suspicion of death by dangerous driving etc. As reported above there will be no further action anyway.


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