Confirm 31 and a half years in prison for the murder of a jeweler from Carmona

The Supreme Court has dismissed the appeal filed by the main accused of the crime of Carmona jeweler (Seville) Francisco Catado in August 2018.Therefore, he has confirmed the penalty that set the judgment of the Superior Court of Justice of Andalusia (TSJA).

After the celebration of the trial in November 2020, the Romanian citizen G.S, 46 years then, was sentenced to 31 and a half years in jail, after the TSJA reduced the penalty imposed by the Provincial Court.

Yonitially, 25 years in jail were sentenced for a crime of murder with the prohibition for 35 years of communicating or approaching less than 1.000 meters of the woman and the two daughters of the deceased;as well as eight years in prison and 12 years of the same prohibition for a crime of illegal detention as a means to commit another crime, robbery with violence.

Likewise, the hearing condemned the second investigated, Yo.Yo., 26 years then and from the same nationality, to 12 years in prison and the prohibition for 22 years of communicating or approaching less than 1.000 meters from the victim's relatives for a crime of serious injury, while for the other crime imputed to G.S.imposed eight years in jail and also that prohibition for 12 years.

But the Court later ruled out "the concurrence of the aggravating specific shocking" in the first crime of the main convicted, for which he set 23 and a half years in prison.The other defendant was completely acquitted of the first crime, so his global conviction remained in the eight years of imprisonment for the second.

In addition, the audience condemned both to compensate jointly and solidarily to the jeweler family with 390.000 euros for moral damages and sequelae suffered;with 295.372 euros for the stolen objects not recovered and with 5.850 euros for the amount of money in metallic subtracted and not recovered.

G.S.He filed a appeal before the Supreme Court, claiming among other aspects "that the decision to make the trial in the absence of another defendThe demonstration of its existence did not need as an essential proof the appearance of the absent defendant ".

In addition, the condemned wielded an alleged "violation of the principle 'in dubio pro reo' as a modality of the right to presumption of innocence", considering that there are "reasonable doubts that there was an eventual acceptance of killing" the jeweler ".

But the Supreme considers that "death itself was not exactly the objective pursued, but the high probability that with the acts executed on the victim, the result would occur, and the disconsideration and lack of respect shown towards his life than the realization of the realization ofSuch acts implied, allows you to impute its result at least as an eventual intent ".

For this purpose, the court recalls that the autopsy indicated that "the victim had many blows in the region of the face and head, with deformity and bruises and most of the injuries were in the head (...);Vital irrigation is not the same as an injury in one place as in another (...), that the person was grabbed by hand causing compression, hand strangulation, lip wounds (...), online bruises, characteristic of the return of the American tape around the neck, wounds in the jaw, in the anterior neck, lesions due to the head and front ", among other aspects.

The TSJA, according to the SupremeEffective and decisive the facts for which it has been condemned, knowing and accepting the deadly result that could be derived from that action ".

MÁS

Etiquetas