This, defense attorney Gerson Vidal Rodríguez, While pointing out that the stolen bags do not contain drugs, but a harmless substance put as bait. After the narcotic was kept by those responsible for the Police Department and then examined at the Health Directorate, the defense argued that for this reason, it did not affect its protected legal right and that the sanction process continued.
Defense against court order Less than 4 years in prison six-year disqualification requested by Prosecutor’s Office intends to appeal the decision first. High Court of Justice of the Commonwealth of Valencia “An absolutely inappropriate attempt, also known as an impossible crime. It is not possible to affect the protected legal right, Since the items seized by the accused were replaced by a trap before, it is the proper functioning of the Administration in these crimes”.
A popular jury found the police guilty of two illegal acts recorded with a camera installed in an office of the Alcoy Police Station, where records of complaints about seized drugs under the Citizen Security Act are kept. Rather, he didn’t think it was proven that he had stolen four more envelopes containing drugs.
The declared facts proven according to the article verdict It occurred in September 2020. According to the decision, the 40-year-old accused was put in prison. Alcoy outpost and on September 24 he confiscated “non-narcotic substance put as bait”.
together with the intervention reports in separate bags and envelopes”. He repeated the action the next day and seized the trap placed next to the intervention report for the purpose of intervention. clarify the facts What happened at the police station?
In both cases, the defendant returned to the office, but did not return the item that it was withdrawn before, but different.
Seized items, which were withdrawn by police officers to use other harmless ones as bait, were examined by Health in Alicante and concluded that in all cases they were contraband. cocaine.
unproven facts
As stated in the court decision no evidence of previous drug stealing Four more envelopes, corresponding to the intervention of the police, declared themselves. Likewise, there is no proven evidence that the accused was seriously affected by or using drugs. their faculties have changed during the events.
The judge states that, on legal grounds, the defense argues that the facts proven by the public jury “will constitute a case.” impossible crime changed the drug substance in the intervention report, which is considered to constitute an attempt to commit a crime secondarily”. However, the magistrate understands that this is not an impossible crime because “There were records of packages that were presumed to be narcotic substances. and they were in storage at the Alcoy National Police Station”. It’s irrelevant that the drugs were stolen Because the items were not analyzed, the analysis did not change the fact that the packaging was removed,” he said.
According to the court, the failure of the police officer to achieve his aim was not due to the will of the accused, but to the fact that the original packages that turned out to contain cocaine were removed. “by other police officers to prevent their abduction”.
Although the magistrate does not consider this an impossible crime, he is of the opinion that it is a crime not to have the originals of the documents deposited. Attempted infidelity crime under the supervision of documents. In this context, it states: potentially endangered “HE protected legal right, that is, the document(s) may fulfill the function recognized by the legal system without the need to obtain an effective violation committed intentionally and by appropriate means; In this case, the documents are considered as serious administrative violations with sanction in place of the law”.