The Court of First Instance and Instruction 5 of Ávila has filed the open procedure to investigate the forest fire that occurred in August 2021 in the Sierra de Ávila as a crime cannot be imputed neither to the driver of the damaged vehicle nor to those intervening in the extinction work.
The judge cites in his argument a report made by the Nature Protection Service (Seprona) of the Civil Guard, which indicates that “the driver of the damaged car cannot be blamed for the occurrence of the forest fire for the fact of parking the same off the road, not being able to attribute the performance of this maneuver to an instinctive or intuitive reaction of the driver, since he acted as established by the regulations in this regard, leaving the road free for the rest of the users “, according to the information of the Press Office of the Superior Court of Justice of Castilla y León.
The instructor also states that the forest fire “had a decisive and efficient cause, that is, the fire in the damaged vehicle, which later spread to the mountains. This cause already constitutes an atypical behavior by itself, which is why, none of the subsequent intervening in the work of prevention and extinction of the fire can be imputed criminally the same, and more when they acted in accordance with the protocols established for each type of incident.
The judge concludes that, once all the necessary investigation procedures have been carried out, “the perpetration of the allegedly criminal act that has given rise to the formation of the case does not appear duly justified, therefore, in accordance with the provisions of the Law on Criminal Procedure, it is necessary to order the provisional dismissal of the proceedings.
Regarding the Seprona report that the car collects, it is argued that the Navalacruz fire got out of control because the helicopter took 14 minutes to reach the place. “There was, given the reaction time of the aircraft, chances that the fire had not occurred or its size would have been minimal.” . In any case, the judge considers that “it has acted in accordance with the protocols established for each type of incident, namely the fire of a vehicle and a forest fire, activating or giving notice to the corresponding media or agencies in each case, and the mobilized media acting as quickly as possible, taking into account their availability and distance from the scene of the events, ”reports Ical.