The Article 195 of the Penal Code and the Govt's delay in sending the Army to Valencia

For many years, the Spanish Penal Code has included a crime called "failure to provide assistance."

France offered 200 firefighters to Spain but the government rejected them: “It is not necessary”
The incomprehensible delay of the government in deploying the Army due to the cold drop

The crime of failure to provide assistance

This crime is based on the principle that human life is a legal right that takes precedence over personal freedom, meaning that you are obliged to provide assistance in a situation where someone is in serious danger. This crime is listed in Title IX of the Criminal Code. Article 195 states the following:

1. Anyone who fails to assist a person who is helpless and in manifest and serious danger, when he or she could do so without risk to himself or to others, shall be punished with a fine of three to twelve months.

2. The same penalties shall be incurred by anyone who, unable to provide assistance, does not urgently request outside help.

3. If the victim is injured as a result of an accident caused fortuitously by the person who failed to provide assistance, the penalty will be imprisonment from six months to 18 months, and if the accident is due to imprudence, the penalty will be imprisonment from six months to four years.

These situations occur especially in traffic accidents, so that a driver who sees a person who has had a serious accident is obliged to stop and offer help, since the result of his inaction could be that person losing his life.

Iker Jiménez's reflection on the delay in deploying the Army

After the excellent news program he did this Thursday from Paiporta (Valencia), one of the towns most affected by the catastrophe of the cold drop of October 29, yesterday Iker Jiménez wrote this accurate reflection:

I return home with only one question. And I can't shake it off. How many lives could have been saved if the army had been deployed en masse from day 1 of the tragedy?

I agree with Iker's question. If a driver can be accused of this crime when he decides to ignore someone who has suffered a serious accident, the responsibility of a government that ignores a catastrophe with hundreds of deaths is even greater.

Robles justifies himself by saying: "it is not the responsibility of Defence"

This Thursday, there was a wave of indignation in Spain over the government's delay in deploying the Army in the areas most damaged by the cold snap of October 29. This delay left many thousands of people without electricity or running water without help for two days, and who were left defenseless against a wave of robberies and looting.

Yesterday, on Antena 3, the Minister of Defense, the socialist Margarita Robles, was asked about the fact of not having deployed the Army earlier in that area, and justified herself with these words: "It is really not the responsibility of Defense". These statements are part of the government's strategy of placing all responsibility on Carlos Mazón, president of the Valencian government, despite the fact that the cold snap has affected several regions and despite the fact that this disaster has occurred in Spain and Robles is part of the Spanish government.

A retired General reminds the minister what the law says

In view of the attitude of the Minister of Defense, yesterday Brigadier General (R) Agustín Rosety pointed out what Article 23 of the National Security Law says in its point 2:

A situation of interest to National Security is one in which, due to the severity of its effects and the dimension, urgency and transversality of the measures for its resolution, it requires reinforced coordination of the competent authorities in the performance of their ordinary duties, under the direction of the Government, within the framework of the National Security System, guaranteeing the optimal, integrated and flexible functioning of all available resources, in the terms provided for in this law.

General Rosety said: "What is happening in Valencia is serious enough for the government to have to declare the situation to be of interest to national security and take the reins. Because the management of a catastrophe like this requires resources, such as the army, that exceed the capacity of the autonomous community. To hide behind the fact that the army is not acting because of Mazón is tremendously cynical." In addition, General Rosety added some words that I fully agree with: "What this government is doing is miserable. It prefers to leave the victims to their fate out of pure electoral calculations."

In 2023, the government did not take even 24 hours to offer military aid to Morocco for an earthquake

I end this reflection by recalling that there was an earthquake in Morocco on September 8, 2023 at 11:11 p.m.. The Sánchez government did not take even 24 hours to offer to send military personnel to that country. As Carla Toscano recalled last night, Margarita Robles justified this rapid offer of help by stating: "these first few hours, especially if there are people under the rubble, are essential and fundamental". Certainly, the more time passes, the less likely it is that people will be found alive. Does that apply to Morocco and not Spain? I hope the government ends up answering to the courts for this.

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Photo: Europa Press.