Atrio case update — delays, appeals, and the path to potential release

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In this unfolding legal saga, Sylvia Córdoba, the attorney representing those already found guilty in the Atrio case, spoke on a Wednesday about the possibility of his release from prison after serving the maximum two-year period mandated by law, pending a final verdict. The defendants, Priscila Lara Guevara and Constantin Dumitru, were found guilty in the trial court, with the District Court delivering the first-instance conviction. A later decision by the High Court of Justice of Extremadura (TSJEx) upheld that ruling several months afterward.

Córdoba’s office has appealed the verdict again to the Supreme Court. The court now faces the task of deciding whether to side with the lower courts, which had sentenced the pair to four years for the alleged million-euro bottle theft, or to rule in favor of the defense. The defense contends that there was insufficient evidence to conclusively prove their involvement in the October 2021 robbery. This remains a central question as the Supreme Court weighs the arguments, the evidence, and the implications of the earlier judgments.

The defendants were remanded in August 2022 at the request of the investigative judge, who cited a high risk of flight and the substantial value of the wine at stake. The initial valuation of the case stood at 1.5 million euros, but after hearings, the amount was reduced to 750,000 euros. The period of imprisonment has thus been a focal point of ongoing judicial scrutiny and procedural debate as the parties await the Supreme Court’s forthcoming decision.

Córdoba has acknowledged the defendants’ crimes since their detention, filing petitions for release while awaiting the final conviction. All such requests have been denied by the courts, prompting renewed appeals to higher authorities. As the legal process continues, the attorney has also pursued freedom petitions on behalf of the defendants so they could be released before the statutory cap on temporary detention is reached, which is anticipated to occur in August 2024.

A key issue is whether, if the Supreme Court rules within this timeframe, any time already served in custody could be credited toward the four-year sentence. If the court accepts the credit approach, the defendants could become eligible for a reduction in the overall sentence after serving half the term, potentially enabling them to request their release or a corresponding legal milestone earlier than initially expected.

This week, the attorney visited the Cáceres courthouse but did not disclose specific reasons for the visit or whether they related to the Atrio robbery case. He indicated that a Supreme Court decision on the appeal would be announced soon, underscoring the high stakes and the rapid pace of the remaining judicial steps in this high-profile matter.

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