{"id":57626,"date":"2024-11-02T07:00:39","date_gmt":"2024-11-02T06:00:39","guid":{"rendered":"https:\/\/www.outono.net\/elentir\/?p=57626"},"modified":"2025-11-02T00:20:04","modified_gmt":"2025-11-01T23:20:04","slug":"the-article-195-of-the-penal-code-and-the-govts-delay-in-sending-the-army-to-valencia","status":"publish","type":"post","link":"https:\/\/www.outono.net\/elentir\/2024\/11\/02\/the-article-195-of-the-penal-code-and-the-govts-delay-in-sending-the-army-to-valencia\/","title":{"rendered":"The Article 195 of the Penal Code and the Govt's delay in sending the Army to Valencia"},"content":{"rendered":"<p>For many years, the Spanish Penal Code has included a crime called \"failure to provide assistance.\"<!--more--><\/p>\n<p><rel><a href=\"https:\/\/www.outono.net\/elentir\/2024\/11\/01\/france-offered-200-firefighters-to-spain-but-the-government-rejected-them-it-is-not-necessary\/\">France offered 200 firefighters to Spain but the government rejected them: \u201cIt is not necessary\u201d<\/a><\/rel><br \/>\n<rel><a href=\"https:\/\/www.outono.net\/elentir\/2024\/10\/31\/the-incomprehensible-delay-of-the-government-in-deploying-the-army-due-to-the-cold-drop\/\">The incomprehensible delay of the government in deploying the Army due to the cold drop<\/a><\/rel><\/p>\n<p><big>The crime of failure to provide assistance<\/big><\/p>\n<p>This crime is based on the principle that <strong>human life is a legal right that takes precedence over personal freedom<\/strong>, 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. <strong>Article 195 states the following:<\/strong><\/p>\n<blockquote><p><em>1. <strong>Anyone who fails to assist a person who is helpless and in manifest and serious danger<\/strong>, 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.<\/p>\n<p>2. The same penalties shall be incurred by anyone who, unable to provide assistance, does not urgently request outside help.<\/p>\n<p>3. <strong>If the victim is injured as a result of an accident caused fortuitously by the person who failed to provide assistance,<\/strong> the penalty will be imprisonment from six months to 18 months, and if the accident is due to <strong>imprudence<\/strong>, the penalty will be imprisonment from six months to four years.<\/em><\/p><\/blockquote>\n<p>These situations occur especially in traffic accidents, so that <strong>a driver who sees a person who has had a serious accident is obliged to stop and offer help<\/strong>, since the result of his inaction could be that person losing his life.<\/p>\n<p><big>Iker Jim\u00e9nez's reflection on the delay in deploying the Army<\/big><\/p>\n<p>After the <a href=\"https:\/\/www.outono.net\/elentir\/2024\/11\/01\/the-vergonzosa-situation-shown-by-iker-jimenez-from-the-zero-zone-of-the-cold-drop\/\">excellent news program he did this Thursday<\/a> from Paiporta (Valencia), one of the towns most affected by the catastrophe of the cold drop of October 29, <a href=\"https:\/\/x.com\/navedelmisterio\/status\/1852467231742890412\" rel=\"noopener\" target=\"_blank\">yesterday Iker Jim\u00e9nez wrote this accurate reflection<\/a>:<\/p>\n<blockquote><p><em>I return home with only one question. And I can't shake it off. <strong>How many lives could have been saved if the army had been deployed en masse from day 1 of the tragedy?<\/strong><\/em><\/p><\/blockquote>\n<p>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, <strong>the responsibility of a government that ignores a catastrophe with hundreds of deaths is even greater<\/strong>.<\/p>\n<p><big>Robles justifies himself by saying: \"it is not the responsibility of Defence\"<\/big><\/p>\n<p>This Thursday, <strong>there was a wave of indignation in Spain over<\/strong> <a href=\"https:\/\/www.outono.net\/elentir\/2024\/10\/31\/the-incomprehensible-delay-of-the-government-in-deploying-the-army-due-to-the-cold-drop\/\">the government's delay in deploying the Army<\/a> in the areas most damaged by the cold snap of October 29. <strong>This delay left many thousands of people without electricity or running water without help for two days,<\/strong> and who were left defenseless against a wave of robberies and looting.<\/p>\n<p>Yesterday, on Antena 3, the Minister of Defense, <a href=\"https:\/\/www.antena3.com\/noticias\/espana\/margarita-robles-imposible-saber-numero-desaparecidos-hay-muchas-personas-dentro-coches-bajos_202411016724e994d058410001cb8c23.html?so=so%3Asour-twitter%3Acn-antena3noticias\" rel=\"noopener\" target=\"_blank\">the socialist Margarita Robles, was asked about the fact of not having deployed the Army earlier<\/a> in that area, and <strong>justified herself with these words: \"It is really not the responsibility of Defense\"<\/strong>. These statements are part of the government's strategy of <strong>placing all responsibility on Carlos Maz\u00f3n, president of the Valencian government<\/strong>, despite the fact that the cold snap has affected several regions and despite the fact that <strong>this disaster has occurred in Spain and Robles is part of the Spanish government<\/strong>.<\/p>\n<p><big>A retired General reminds the minister what the law says<\/big><\/p>\n<p>In view of the attitude of the Minister of Defense, yesterday <a href=\"https:\/\/x.com\/AgustinRosety\/status\/1852428740090834967\" rel=\"noopener\" target=\"_blank\">Brigadier General (R) Agust\u00edn Rosety pointed out<\/a> <strong>what Article 23 of the<\/strong> <a href=\"https:\/\/www.boe.es\/buscar\/act.php?id=BOE-A-2015-10389\" rel=\"noopener\" target=\"_blank\">National Security Law<\/a> says in its point 2:<\/p>\n<blockquote><p><em><strong>A situation of interest to National Security is one in which, due to the severity of its effects and the dimension<\/strong>, urgency and transversality of the measures for its resolution, <strong>it requires reinforced coordination of the competent authorities<\/strong> in the performance of their ordinary duties, under the direction of the Government, within the framework of the National Security System, <strong>guaranteeing the optimal, integrated and flexible functioning of all available resources<\/strong>, in the terms provided for in this law.<\/em><\/p><\/blockquote>\n<p>General Rosety said: <em>\"<strong>What is happening in Valencia is serious enough for the government to have to declare the situation to be of interest to national security<\/strong> 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. <strong>To hide behind the fact that the army is not acting because of Maz\u00f3n is tremendously cynical.<\/strong>\"<\/em> In addition, General Rosety added some words that I fully agree with: <em>\"What this government is doing is miserable. <strong>It prefers to leave the victims to their fate out of pure electoral calculations.<\/strong>\"<\/em><\/p>\n<p><big>In 2023, the government did not take even 24 hours to offer military aid to Morocco for an earthquake<\/big><\/p>\n<p>I end this reflection by recalling that <strong>there was an earthquake in Morocco on September 8, 2023 at 11:11 p.m.<\/strong>. <a href=\"https:\/\/www.antena3.com\/noticias\/mundo\/espana-ofrece-ayuda-marruecos-tareas-rescate-reconstruccion-terremoto_2023090964fc55787caa7b0001b60418.html\" rel=\"noopener\" target=\"_blank\">The S\u00e1nchez government did not take even 24 hours to offer to send military personnel to that country<\/a>. As Carla Toscano recalled last night, <a href=\"https:\/\/x.com\/eledhmel\/status\/1852496667745890396\" rel=\"noopener\" target=\"_blank\">Margarita Robles justified this rapid offer of help by stating<\/a>: <em>\"<strong>these first few hours, especially if there are people under the rubble, are essential and fundamental<\/strong>\"<\/em>. Certainly, the more time passes, the less likely it is that people will be found alive. <strong>Does that apply to Morocco and not Spain?<\/strong> I hope the government ends up answering to the courts for this.<\/p>\n<p>---<\/p>\n<p><small>Photo: Europa Press.<\/small><\/p>\n","protected":false},"excerpt":{"rendered":"<p>For many years, the Spanish Penal Code has included a crime called \u00abfailure to provide assistance.\u00bb<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"inline_featured_image":false,"footnotes":"","_links_to":"","_links_to_target":""},"categories":[19536,10398],"tags":[11045,18500,22967,9526,13237,11462,1927,11862],"class_list":["post-57626","post","type-post","status-publish","format-standard","hentry","category-we-said-yesterday","category-spain","tag-agustin-rosety-fernandez-de-castro","tag-carlos-mazon","tag-cold-drop-disaster-in-spain-in-october-2024","tag-iker-jimenez","tag-margarita-robles","tag-spain","tag-valencia","tag-valencian-community"],"_links":{"self":[{"href":"https:\/\/www.outono.net\/elentir\/wp-json\/wp\/v2\/posts\/57626"}],"collection":[{"href":"https:\/\/www.outono.net\/elentir\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.outono.net\/elentir\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.outono.net\/elentir\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.outono.net\/elentir\/wp-json\/wp\/v2\/comments?post=57626"}],"version-history":[{"count":0,"href":"https:\/\/www.outono.net\/elentir\/wp-json\/wp\/v2\/posts\/57626\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.outono.net\/elentir\/wp-json\/wp\/v2\/media?parent=57626"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.outono.net\/elentir\/wp-json\/wp\/v2\/categories?post=57626"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.outono.net\/elentir\/wp-json\/wp\/v2\/tags?post=57626"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}