The 33-year-old man has been in prison since the end of last October for killing a 26-year-old boy who gave him a gun. fist after the victim is expelled Copity nightclub on San Juan beach in Alicante went out bail after so much agreement Provincial CourtUnderstands that the risks of absconding, destruction or alteration of evidence, and recidivism are ‘moderate’ rather than ‘high’. The person being investigated for the young man’s murder left Fontcalent prison late last Wednesday. 5,000 Euro deposit Determined by the Court to avoid prison, which was decided in October.
In a decision reported last Wednesday by the Tenth Division of the Alicante Court, the court said: appeal submitted by lawyer Pedro GarcÃa Galvañ The prison decision of the Education Court No. 7 of Alicante and opposition of the prosecutor’s office and the special prosecutor’s office Upon payment of a deposit of 5,000 Euros, the prison sentence is lifted. The money was paid to the car the same day and Fontcalent prison moved to release it.
Passport cancellation
The court ordered the withdrawal of the passport as a precautionary measure and travel ban during the processing of the procedure. The person being investigated must also appear in court on the 1st and 15th of each month.
The man’s defense was investigated in relation to the young man’s death in the incident. Laseda Gastro Village entertainment complexHe questions that this was a deliberate murder at the golf course on the San Juan beach and argues it was a murder. bankruptcy negligence with willful injury. In the opinion of the Trial Court, which decided to release the person on bail, the line put forward by the defense cannot be ignored. On the contrary, it could be considered probable without “with the level of knowledge we now have, we can also rule out eventual intentional murder,” as suggested by the private prosecution brought by the family of the deceased teenager. man.
The Court therefore considers that the probability of being definitively classified as negligent manslaughter means that the penalty that could be imposed is much lower than the penalty classified for willful manslaughter, which “significantly reduces the risk of escape”. The person being investigated will have little reason to flee “If he thinks that his sentence can be suspended or that he can be sentenced to imprisonment for not more than four years, he will accept the insecurities and changes in his life if he escapes,” the statement said.
Evidence
From the perspective of the court, there is no danger of “changing the evidence” since the person under investigation is related to someone who can be called as a witness in the case. Likewise, they do not acknowledge that there is a significant risk of recidivism by the offender. “Police record for violent crimes” as claimed by the special prosecutor’s office. In this sense, the court “did not include a state which, as we have confirmed, asserted the subject’s harmlessness through deprivation of liberty, although, in addition to those in the police, the subject had a criminal record for injury and assault, previous sentences were fine and sentenced to four months’ imprisonment (the last one has already been sent)”.
For all these reasons, they consider that the bail of 5,000 euros and the precautionary measures implemented are sufficient to avoid all these risks.
Source: Informacion
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