The Supreme has endorsed the compensation of 5.000 euros that the attendant of the disk-bar “Chiringuito” of Campillo of Altabuey (Cuenca) has to pay to each one of the two neighbours to which subjected to a “noise insoportable” in spite of not to have ascertained physical harms. The tall court absolves to the owner of the venue, that had been condemned initially, since only it sees manager of the bad use of the devices of sound to the woman to the that leased it to him, that was the one who spent the business.
According to the resolution made public this Wednesday by the tall court, is not necessary to cause physical or material harm, but it suffices the possibility to produce it. “The crime consummates with the infringement of the protective norms of the environment with potential affectation of the same, arising the qualification if the risk of grave damage could repercutir in the health of the people, as it is the case”, signals.
The sentence, of which has been speaker the magistrate José Ramón Soriano, confirms the conviction to a woman that leased the disk-bar among 2002 and 2007, putting the music to an excessive volume that surpassed the legal maximum limit of decibels allowed.
The noise caused annoyances to the marriage that lived in the house colindante, in those who detected similar pathologies to which produces the prolonged exposure to a tall acoustic level like arterial hypertension, anxious disorders depresivos, hipocausia, tiredness and cardiac arrhythmia, as they alleged.
MORAL harm
The report pericial of the forensic doctor neither affirmed neither denied of categorical form the relation of causality among the supported acoustic perturbation and the physical harms. However, it corresponds the compensation by moral harm, as they asked the Fiscalía and the private prosecution, since in any case the dictamen pericial left accredited that both were exposed by a prolonged period to an upper acoustic contamination to the level allowed and susceptible of ocasionar harms to people.
By all this, confirms the conviction dictated by the Audience of Cuenca against the woman that regentaba the business, that will have to pay a compensation of 5.000 euros to each one of the two people affected, as well as to ten months of prison, when applying him the very qualified alleviation of undue delays in the process.
WITH REGARD TO the owner of the venue, that went initially condemned by the Audience, the Supreme absolves him when understanding that, when existing an agreement for hire, the good or bad use of the devices of sound was exclusively imputable to the person that regentaba the venue.
Besides, it remembers that the owner attended with diligence the requests of soundproofing of the venue and the placing of limiters of sound in the devices of music, limiters that were manipulated going back again the noises forbidden. Besides, the noises only affected of negative form to the neighbours when the venue was leased to the woman accused, only penal manager of the excess of noise, since the volume of the music depended exclusively of his will.
