Juvenile prosecution
Malaga court sentences teenager for breaking classmate's nose during break-time fight
Provincial court rejects defence claim that victim contributed to her own injuries, upholding one-year socio-educational sentence
The Provincial Court of Malaga has upheld a sentence against a male teenager who fractured a female classmate’s nose during a fight at a ... secondary school, rejecting an appeal that argued the victim should pay half of the civil compensation.
The incident occurred at 11.45am on 31 October 2024 during a morning break. Court documents show that the two students engaged in a physical altercation, during which the boy struck the girl in the face with his knee. The victim suffered a fractured nose, head contusions, a haematoma, and facial abrasions.
The injuries required extensive medical treatment, taking 30 days to heal and forcing the girl to miss nine days of school. A teacher who intervened to break up the fight was also injured, though judges could not establish which student caused those specific injuries.
An initial juvenile court ruling on 2 September 2025 sentenced the boy to one year of socio-educational work and ordered him and his parents to pay €1,763.46 in compensation to the victim. The court also held the school and the Regional Government of AndalucÃa jointly liable for 50 per cent of that sum (€881.73).
The boy’s defence team appealed against the civil liability ruling, requesting a 50 per cent reduction in compensation. They argued the victim had initiated the confrontation by walking across the school yard to start an argument, thereby voluntarily entering a mutually agreed fight.
However, the Provincial Court dismissed the appeal, drawing a clear distinction between agreeing to an argument and contributing to the physical injury inflicted. The magistrate panel ruled that while both pupils engaged in a scuffle, each participant remains accountable for the severity of the harm they cause.
Because the girl did not contribute to receiving a knee strike to the face and the boy suffered no injuries himself, the court confirmed his full civil liability and upheld the original sentence.