Alicante Provincial Court Ha canceled a sentence sentenced a Chinese citizen to three years in prison for drug trafficking because Required documents have not been translated into your language he thinks why and he thinks about it Their fundamental rights to a process in which there is no vulnerability and all guarantees are provided have been violated. In a recent decision by the Tenth Circuit, which was not appealed to the Supreme Court, the court thus upheld the appeal filed by the Supreme Court. lawyer Francisco González Fernández and agrees to the release of the Chinese national convicted by Benidorm Criminal Court No. 3.
According to the sentence annulled by the court, the acquitted defendant was responsible for the marijuana field located in a forest land. Pedreguer restaurant closed to the public. 1,506 cannabis plants and “maria” buds worth 21.9 kilograms were seized in the facility in question. 160,000 euros in the illegal market. In addition to the plantation, the defendant also installed a secret electrical outlet connected to the Iberdrola network, which demanded 25,000 euros from him, but the court did not consider this amount to be proven.
In its sentencing decision, the Benidorm court rejected the previous question posed by lawyer Francisco González, considering that the vulnerability was due to the lack of translation of the essential documents of the case. The court imposed Three years and one day in prison for crime against public health And 2,400 euro fine for a minor crime electric fluid scam.
Decision overturned
The convicted person’s defense put forward various grounds in its appeal before the Court, and the Tenth Division, after considering one of them, agreed to annul the decision; translated important documents into Chinese The case, such as an arrest warrant or indictment.
The lawyer had already been requesting the translation of some documents since the investigation phase of the case, and he reminded this once again in his pre-trial defense. invalidity of actions. However, they did not listen to his requests and he was tried and sentenced.
Unanswered
In its decision, the court states that the defendant actually requested the translation of some documents and did not receive any response. Likewise, the Benidorm court stated that the request was not recorded, but the Court stated that it was.
The court of the Alicante Tribunal based its decision on the following doctrine: Constitutional Court, Interpretation of the oral proceedings is required by States to ensure that a person who does not understand the language in which the investigation is conducted, written translation It is one of the important documents.
The decision states that the court must ex officio order the translation of essential documents such as arrest warrants, indictments and sentences. Therefore, there was no need to prove the translation request document, which existed even though the judge could not find it.
The defendant, who has now been acquitted, did not speak Spanish from the first moment of his arrest and help from a translator was requested. However, the complaint put forward by the defense refers to the translation of the essential documents of the case and states that since there was no translation “financial despair» In the opinion of the court.
In its decision, the Tenth Division court concluded that the fundamental right to a trial with all guarantees was violated and stated that it was appropriate to acquit only after imposing the sentence.
Source: Informacion
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