this his mother Martha Baldthrough her lawyer Pilar Jové Serial killer Jorge Ignacio Palma appeals sentence against Jacome so if To apply inspectable permanent prisonconvicted of a crime against his moral integrity for which the judge acquitted him, despite the jury finding him guilty and I know compensate desired amount, 150.000 €and not the 35,000 determined by the magistrate—the lowest of those given the verdict—despite the fact that “nothing can make up for” the loss of his daughter, and the offender’s conviction that “someday he will “pay this compensation” to the victims.
The source mainly emphasizes moral harm and refutes the judge on several points for this. He therefore emphasizes that while the jury found Palma guilty of this crime, its verdict was clear although the judge had decided to acquit her. The jury found that the silence and lies of the serial killer “however suffering, suffering and additional suffering The magistrate rejected this decision, flipping the argument of the charges, as Levante-EMV published. legal precedent of punishment Marta del Castillo case.
According to the judge, he shares that in this case, the murderer Miguel Carcaño had moral damage as he changed his version seven times, but in the Palma case this did not apply because he only gave one version. The lawyer argues that only this version it’s always been a lie and so it was accredited in the case and denounced the judge for omitted in the sentence all the statements made by the jury in this sense, and retaining only the statement referenced in the Marta del Castillo case.
In addition, “for a mother”, throughout the procedure and later at the trial, the “cold and eerie” expression of how the body was dismemberedfinally cut off his head because he was so stuck‘ is a story that has proven to be untrue.
It also reminds that the Victim’s Statute, the organic law of 2015, in which the prosecutor had to renew his essence several times during the trial of the magistrate, collects compensation for the damage done to his relatives and disfigures the judge defending his claim. In the sentence that Marta Calvo’s mother, Marisol Burón, started a social war to change the law, a confusing argument since that war, Jové influences her on appeal, is to present it as a new assumption to the reviewable case. permanent prison (PPR) reality hiding a corpse after a murderbut in no case is it already adequately specified in the Criminal Code as regards non-pecuniary damage.
Precedent of Russian Igor
As for the PRPD, the appeal at the TSJ asks the Valencia high court to enforce it, given that it fully complies with the 140.2 assumption of the Criminal Code, that is, it is the ideal punishment for those who have committed two or more murders. The judge decided not to apply the maximum sentence stipulated in the Spanish Penal Code, arguing that the article was in the past tense. Thus, since the article was speaking in the past tense, he understood that he was the “convicted person.” one must have been previously convicted of two or more deaths To be able to apply PRPD.
Jové uses three sentences upheld by the Supreme Court, which sentence murderers who commit crimes with the maximum penalty. three crimes in a short time to those convicted of murder in the first two and PRPD in the third. This is the case of Igor el Ruso, a Serbian ex-soldier who killed a rancher and two civilian guards in Andorra (Teruel) in December 2017. In this case, first the Teruel Court, then the Aragon Supreme Court, and finally in October last year, the Supreme sentenced Steven Feher to two 25-year sentences for murder in the rancher and first civil guard cases, and permanent review for the shooting death of the second civilian guard, the third. death is only a few hours.
tort in compensation
Finally, Marta Calvo’s mother rates compensation as “extremely low” which, in his case, amounts to 35,000 euros. This is the third and final argument of the appeal, and the most succinct, because that is not the priority of Marta’s family.
The lawyer claims that “this party has no hope and frankly that the convicted person will someday pay this amount (along with the rest of the victims and injured parties)”. no amount can compensate my client before he can recover the pain of his daughter’s loss and even more”.
From there, he states that the joint compensation in the last September 1 sentence to Marta’s parents was 70,000 euros, 35,000 each, to be distributed between the two of them. A very different amount from the 50,000 given to each living victim or, for example, the 70,000 given to Arliene’s sister alone, as Levante-EMV analyzed in an article that comparatively analyzed compensation for all victims.
For example, when applying the scale of traffic accidents, the lawyer says that each parent would already be eligible for 76,000 euros, provided that Marta is under 30 years old. But there is more. The judge once again took the precedent of the Marta del Castillo case, which was legally very similar to the Marta Calvo case, awarding 140,000 euros to each of the parents of the minor killed in Seville in 2009.
For all these reasons, she requests TSJ to pay Marta’s mother a compensation of 150,000 euros (symbolic given that Palma may never pay even a single euro), an amount requested by the young woman’s father’s lawyer. From Estivella, murdered by Jorge Ignacio Palma Jacome at his rental home in Manuel at Dawn on November 7, 2019.
Dad is on vacation
Likewise, the lawyer of Marta Calvo’s father, Candela Estévez, who filed an appeal with C. Valenciana’s TSJ, is speaking out. As with the mother, the father demands that he be sentenced to a re-examinable permanent prison sentence for the murder of his daughter, as he ranks third in the list of criminal acts. The Supreme Court (which uses the same thing as Pilar Jové) fits perfectly in the spirit of Article 140.2 of the Criminal Code.
Therefore, to support the contrary, he argues that the judge was the first to introduce the grammar analysis, and that there must have been convictions in the past for the PRPD to be applied now. this does not mean that there should be penalties prior to causing the death of “more than two people”.however, since he committed the crimes of Arliene Ramos on 25 March 2019 and Lady Marcela Vargas three months later on 15 June before killing Marta Calvo, he states that the situation is third or consecutive as it is. that year, although all three were tried in a single oral hearing.
Likewise, he demands that the young woman’s father, Sergio Calvo, be convicted of crimes against his moral integrity, whom he was acquitted by a judge against a jury verdict. It considers that, in the same sense as Jové’s appeal, the judge abused the decision in the Marta del Castillo case. Palma only lied once and not seven like Carcañodid not cause moral harm to the parents. “In order to undermine the moral integrity and reputation of the next of kin, it is not a ‘necessary’ condition for the accused to give different versions of the whereabouts of a daughter’s body,” he says.
It also recalls that the case-law determining Marta del Castillo’s sentence had already been widely applied in other cases “without admitting all the factual circumstances that arose in the Marta del Castillo case”. , Estévez, in his summary, states that in the course of their defense, self-concealment, which is the right of all defendants, is not unlimited and in that case, Palma’s lies far exceed this right Fully incriminated against moral integrity, which consists in “inflicting more pain and suffering on, injuring, or degrading treatment of parents due to the death of a daughter”.
The defense filed an appeal Tuesday, seeking his client’s acquittal solely and exclusively on the fact that the presumption of innocence had been violated.