Post by account_disabled on Jan 17, 2024 7:01:43 GMT
The assessment of treachery (22.1 CP) cannot be derived exclusively from the way in which the events have developed, but must be based on an ex ante judgment of the criminal episode, in a global manner . It is the main conclusion of a sentence in which the Supreme Court has upheld the appeal filed by two defendants against a sentence of the Provincial Court of Madrid, later confirmed by the Superior Court of Justice of the region, which sentenced them to eighteen years in prison for a malicious murder . The Supreme Court rules that it is a homicide with the aggravating circumstance of superiority , which means a reduction of four years in the sentence. .
In this case, three people arranged to go to a home where another person was, whom they intended to force to leave the home in which they lived, in the same block as the one in which they were, so that it could be occupied by someone else. some relatives. In the course of the argument, the two defendants – the third person was not identified – hit and ended up fatally stabbing the person they were trying to evict . They did it using machetes that, the attackers knew, were on the wall. The trial court appreciated that the aggressors acted with “the intention of causing his dea Whatsapp Number List th and acted suddenly and surprisingly , with the aim of eliminating any possibility of defense.” The Supreme Court points out that the account of proven facts reflects, “without a doubt, an use of the superiority provided by the concerted presence of the two accused with a third person. Furthermore, the use of two highly effective weapons paint a scenario in which Eugenio's death was not an equal death, with the attackers having an advantage that facilitated the execution of their purpose." But, instead .
of applying the abuse of superiority, the Presiding Magistrate opts to apply the mitigating circumstance of treachery . " Which produced an evident situation of superiority with respect to the victim, unarmed and incapable, due to this notable imbalance of forces , of confronting the aggressors who attacked in a surprising and sudden manner, unexpected by the victim, through the use, between other objects, of said edged weapons. But, as we have previously pointed out, said attack did not diminish the victim's possibilities of defense, but rather completely annulled them, with Eugenio having no possibility of defending himself, which is why no defense injuries were observed. Said elimination of any possibility of defense grounds the appreciation of treachery and the consequent non-application of the abuse of superiority," stated the Provincial Court.
In this case, three people arranged to go to a home where another person was, whom they intended to force to leave the home in which they lived, in the same block as the one in which they were, so that it could be occupied by someone else. some relatives. In the course of the argument, the two defendants – the third person was not identified – hit and ended up fatally stabbing the person they were trying to evict . They did it using machetes that, the attackers knew, were on the wall. The trial court appreciated that the aggressors acted with “the intention of causing his dea Whatsapp Number List th and acted suddenly and surprisingly , with the aim of eliminating any possibility of defense.” The Supreme Court points out that the account of proven facts reflects, “without a doubt, an use of the superiority provided by the concerted presence of the two accused with a third person. Furthermore, the use of two highly effective weapons paint a scenario in which Eugenio's death was not an equal death, with the attackers having an advantage that facilitated the execution of their purpose." But, instead .
of applying the abuse of superiority, the Presiding Magistrate opts to apply the mitigating circumstance of treachery . " Which produced an evident situation of superiority with respect to the victim, unarmed and incapable, due to this notable imbalance of forces , of confronting the aggressors who attacked in a surprising and sudden manner, unexpected by the victim, through the use, between other objects, of said edged weapons. But, as we have previously pointed out, said attack did not diminish the victim's possibilities of defense, but rather completely annulled them, with Eugenio having no possibility of defending himself, which is why no defense injuries were observed. Said elimination of any possibility of defense grounds the appreciation of treachery and the consequent non-application of the abuse of superiority," stated the Provincial Court.