Madrid State Prosecutor’s Office Opposes extradition request from Thai authorities Daniel Sancho Bronchalo For the case filed in Spain for the crime of wounding, so that he can be tried in Spain during the trial, the date of which has not been determined yet. The public ministry argues that: There are “alternative” measures that would allow the hearing to take place and adds that “there is no evidence” that the defendant’s stay in Thailand was an attempt to evade Spanish Justice, as “he was at all times at the disposal of the Court in all summons received.”
Before the murder he was accused of in the Asian country, An investigation was opened against Sancho in Spain for the crime of injury.For this The prosecutor asked for 1 year in prisonIn addition to paying the legal liability arising from the commission of the crime, This involved punching another person who was trying to get into a taxi on José Abascal Street in Madrid, without following the queue. On November 30, 2021, the Court of Investigation No. 21 of Madrid opened an oral hearing, and this decision was notified to him in person on January 18, 2022. The procedure is only waiting for a date to be set for the hearing.
On 8 September, Sancho’s procedural representative informed the court that he had been held in temporary detention in Thailand since August and therefore requested the relevant procedures to be carried out for active extradition and request for surrender to the Spanish judicial authority, a procedure that the prosecution considered to be . It is unnecessary.
It is not possible to request this
In the procedure opened in Spain, the public ministry takes into account: No prison decision was made at the procedural stage, “it is not possible to request this at the moment” because it is required by the Code of Criminal Procedure. Requires the maximum penalty for the offense to be equal to or greater than two years. Moreover, The case has been paralyzed since February 2, 2022This “allows us to put forward a possible application of mitigating circumstances relating to excessive delays”, which would in any case prevent reaching two years for a penalty claim and could result in a fine. The second reason is The accused was at the disposal of the Spanish judicial authorities at all times when you have to do it.
On behalf of the prosecution no need to ask for refund as it might have been if he had fled to a foreign country. He also argues that, given that he has not been required to appear since the indictment was served on him and that no trial has been scheduled, there is “no evidence that his stay in Thailand was motivated by a desire to escape from Thailand.” act of justice.”
The public ministry reminds: “at this time”, The only agreement in force between Spain and Thailand is the agreement between Spain and Thailand. Regarding cooperation in matters of execution of criminal sentences, “II. In accordance with the article, it is only valid in cases where the person requested to be transferred is declared guilty and convicted.”. Any requests for international cooperation will be made within the framework of the principle of reciprocity.
Based on this principle, the Prosecutor’s Office states that: Other international cooperation instruments with the Kingdom of Thailand may also be used Apart from extradition, in order to ensure the presence of the defendant in the procedure, because, being in a temporary prison, “his location can be easily determined by the judicial authorities of the country in question.””. There will also be celebrations Trial with video conferencing systemHE temporary transfer of the prisoner solely for the purpose of his prosecution in Spain or for “any alternative measures having regard to the principle of reciprocity which shall be in force between both kingdoms”. Additionally, Spanish law allows trial in absentia for sentences of less than six years.
Source: Informacion
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