Seville Court rejected the defense’s request Francisco Javier GarciaThe “second degree” oral hearing of the 7th Criminal Court, known as El Cuco, who was found guilty of covering up the murder of young Marta del Castillo in 2009, will be held on the crime of giving false testimony, for which he was convicted together with his mother. up to two years imprisonment.
In an order issued Dec. 19 and published by the TSJA Office of Communications, First Division of the Seville Tribunal, The court, which recently discussed the objections made by the defense of Cuco and his mother and requested the annulment of the sentence of the 7th Criminal Court that convicted them of perjury, reminds that the defense of the said young people requested “cancellation of the court decision”. He requested that the verdict be overturned and the trial annulled, the trial be withdrawn and the trial be repeated by a different magistrate, or a new sentence be given, which would secondarily acquit this defendant.
Let us recall, in the appeal, Cuco’s representative also alleged, among other things, “a violation of the constitutional principle of impartiality and independence of the judge”; want this way “repeat try with a different judge who will decide with freedom of discretion”; the extreme to which Marta del Castillo’s parents went.
Request for new hearing
Also, helpfully, as the Court recalled, Cuco’s defense had requested “a new sentence to which criminal and criminal sanctions would apply.” requested reduction implemented“, it was also interesting that the Criminal Court No. Seven “held a new oral hearing before the Court”, citing the principles of orality and directness, seeing “a possible error in the evaluation of the evidence”.
However, both the Prosecutor’s Office and private and popular accusations According to the Seville Court, they opposed such requests.
An “extraordinary” resource
However, Part One notes that the “second example” test “only an exceptional means of compensating for the evidentiary deficiencies in the first trial”because in this case “the appellants are noted to expressly waive the remainder of the proposed evidence, and this is the legitimate option of the procedural strategy of the defences, accepting as fully proven facts what appears as written.” “The indictment is under review” at the prosecutor’s office.
Therefore, the First Section of the Seville Tribunal agrees “not to grant a new trial in the court of second instance” and declares: “The objections will be decided without the need for a new oral hearing.”