The Supreme Court rejected this issue in a decision. alleviation of stubbornness or state of passion for a person convicted of murder HE He stabbed his wife’s lover to death when he found him in bed. Thus, his sentence of 17 and a half years in prison for murder by treason was approved. Tarragona Provincial Court Approved by the Supreme Court of Justice of Catalonia (TSJC).
The decision, available to EL PERIÓDICO of the Prensa Ibérica group, recalls that the Tarragona Court proved that:The relationship between the defendant and his wife, with whom he had three children, deteriorated and he left home in the summer of 2020. She had started a relationship with a friend of her husband months ago. On August 26, they both stayed in a chalet belonging to his father in Vila-Seca (Tarragonès).
He parked his car a porsche-panamera near the chalet. The defendant went to town and saw the vehicle and said “It was “represented” that his wife and friend could be together at home. I went to shopping two large fishing knives and latex gloves. At dawn he jumped over the fence of the chalet and entered the house. He took off the guards on the blades and went to the bedroom with gloves on, where he found them both on the bed.
He went up to her and started stabbing her in such a way thatThe man could only get out of bed and sit on the floor, and he died within a few minutes.. He woke up and started arguing with his former partner. At that moment the police arrived and were alerted by a neighbor who saw the prisoner jump the fence.
The woman responded to the police and upon her husband’s warning, said nothing was happening and motioned for the officers to go upstairs. Convicted man took off his shirt and gloves and went downstairs to prevent the agent from entering, saying he needed an entry and search warrant to do so. However, when the police officer found the body, he admitted what he had done and asked how many years in prison he would receive for this.
gypsy culture
The defense tried to reduce the sentence by arguing that mitigating circumstances such as “stubbornness, exuberance or, failing this, passion” should be applied. The sentence explains: “He maintains that his actions were a passionate reaction to his wife and her friend, arising from an emotional conflict upon learning that they were having an extramarital affair at the time, and this was further amplified because Fidelity is very important to Gypsy culture, and there are traditions that sanction its violation.. “All of this, he says, makes it understandable, if not justified, that a reaction would occur that would not occur in any other sociocultural environment.”
The Supreme Court rejects these arguments and says: “It is difficult to accept a mitigation decision in the crime of domestic violence due to the tension that the active subject may experience in the face of an emotional and marital separation, Because it is contrary to the legal system.” He also points out that “proximity between the incentive and the punitive action” is required to implement it, since “the passage of time allows the passionate state to be rationalized”, as a rule removing “any residue of revenge that would jeopardize the abating discomfort”.
In this case this option is ignored. I went to buy a knife and gloves and I waited until evening to enter the house. He also denies the mitigating confession because he only made it when the body was found and his wife was able to tell him how it all happened.