Going to the Three Kings Parade has become a risky sport. This is what happened to a woman who filed a complaint against King Balthazar for throwing candy .
This happened in 2010 in the city of Huelva, the Court of Instruction dismissed the complaint against King Baltasar that was filed by a neighbor after receiving a "candy" that caused an eye injury.
Order that archived the case
The court decision of 26 June 2010 dismissed the complaint. The judge first assessed the procedural issues and then focused on the merits of the case.
Cause for abstention
The instructor is considering whether he should formulate his abstention in accordance with the 9th and 10th causes of article 219 of the Organic Law of the Judiciary.
The judge, adding a touch of humor to the ruling, acknowledges that gambling data brazil the Wise Man Balthazar, along with Melchior and Gaspar, have offered him gifts every January 6th since he was old enough to understand.
He does not abstain, as he considers that the person accused is not the Wise Man Balthazar himself but a person who was pretending to be him.
Having doubts about the accused person also raises questions about Spanish jurisdiction and its competence. The nationality of King Balthazar should be determined because it is well known that he comes from the East, but the controversy surrounding his country of origin has not been resolved.
Background of the matter
The facts reported were that King Balthazar threw sweets with too much force and one of them hit the complainant's eye, causing her injuries. However, it is difficult to determine criminal liability for such events.
The judge considers that participation in this type of celebration involves assuming certain risks. This is legally known as "permitted risk" and excludes any criminal liability.
A Three Kings Parade is inconceivable without candy being thrown. These are socially accepted risks.