The death penalty of a Majorcan legionnaire: lies with impunity

Defendants may lie in criminal proceedingsby exercising their right not to testify against themselves and not to confess their guilt, according to the case-law of the Constitutional Court. On the other hand, although it is considered to be proven Sergeant Saúl Antonio SG fired the bullet that killed Majorcan legionnaire Alejandro Jiménez, “inability to determine the exact manner in which the action was carried out (…) works in the best interest of the accused”. These are two of T’s legal arguments.The Military Court of Seville is using it to justify, on the one hand, the acquittal of six soldiers accused of concealment, among other crimes, and, on the other, the minimum sentence for the only person convicted of the incident that occurred in March 2019. Agost maneuvering area, Alicante And all this, although it has been proven that the sergeant acted grossly negligent in firing his gun, and numerous irregularities marked the case.

The sentence makes a story in which it crusts over all these irregularities. The captain was not present during the exercise and one of the lieutenants disobeyed an order that the two platoons should not fire at the same time.. The sergeant also disobeyed orders not to open fire and to confine himself to controlling his men. He fired at least seven shots. and when one of the bullets finished Alejandro Jiménez and he was in the “low guard” position, it hit him in the chest with his knee on the ground and pointing to the ground. After the exercise, the soldiers collected the shell casings on the ground. That night, the captain ordered his officers to declare his presence during the exercise. The next day, he ordered a re-enactment of the events that preceded the one he was preparing to do. Civil Guard and then he ordered his men to change their last position before the inspectors. during the investigation The sergeant denied to investigators that he had fired his gun three times. The captain humiliated the civil guard in front of his men. Finally, one of the legionnaires received insults from several armies, who suspected that he had revealed to the guards that they had changed their position during the rebuilding; to the point where he had to take leave for psychological reasons.

The victim, Alejandro Jiménez Cruz, died at the age of 21.


up to the present proven facts. Truth is, The bullet that ended Alejandro Jiménez’s life came from Sergeant Saúl Antonio SG’s rifle, as evidenced by the Civil Guard’s ballistics report. Although the court did not admit that he had fired, it realized that he was lying. an action that is “fully legitimate in the exercise of the right of defence”. He is considered to have “violated his objective duty of care as platoon leader” by firing. (…) It is clear that if he had shown due diligence before firing, there would have been no result. However, the court He doesn’t understand that Jiménez intends to end his life. He was sentenced to two years and eight months in prison for a fatal crime against the effectiveness of the service., taking into account the seriousness of the outcome, as well as “that the inability to definitively determine the manner in which the act was carried out (…) works in the best interest of the accused”. Two prison sentences of six and eight months are added to this for abuse of power by the legionnaire he insulted.

Regarding the other defendants, the court they exercised their rights as investigated when they lied to investigators. “The captain’s inappropriate misconduct against a military officer, a Legion officer, was intended to cover up the fact that he was absent from the exercise and was conducted in a different way than planned.” The court acquitted him of concealment, thinking that he did not know who fired the bullet at the time. “There is no conspiracy to divert attention from the crime, just a misconception that the fire came from the right team.” The court also does not consider it a crime to remove partitions “automatically and unintentionally” and to harass one of the legionnaires.

Source: Informacion

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