Lawyer for victim of Santi Mina case to request preventive detention for striker

This legal representative of the player expressed “disappointment” Before the decision of the Appeals Chamber “hardly studied resource” although he partially participated and reduced his compensation 50,000 to 25,000 Euros will affect this issue on appeal, as it retains the same sentence for sexual abuse.

In this line, the lawyer fatima rodriguez He concluded that the sentence from which he had been withdrawn had been deducted from his account of the facts that the accused had acted in accordance with the law. “superiority”Based on his claims, it shows that “There has been an effective and real violation of the principle of blame” with respect to the behavior of its sponsor, although the matter did not affect the application and setting of the offender type.

Special, room It deducts from the account of facts that have been proven that the accused acted by taking advantage of a legal framework. “superiority” beyond the circumstances that occurred in the caravan where the sexual abuse was committed against the victim’s consent, that is, one of the events “narrow and awkward space” for the victim, covered by the accused “the only way out” and found “in shock”.

About, private prosecution by lawyer Iván Bolaños It is of the opinion that the removal of the term “superiority” from the sentence aims to avoid mistakes or confusion of interpretation regarding the lack of consent of the victim in the face of events, even the absence of consent corrupted by environmental intimidation understood as superiority.

bolanos manifested your intention to apply before the Almería State Court in the coming weeks striker’s precautionary detention Based on the affirmative sentence, which practically coincides with the original statement, to avoid the risk that the convicted person may “escape” punishment.

Economic and mobile capacity

In this sense, they drew attention to the economic and mobile capacity of the football player who transferred last season. Saudi Arabia to play for Al Shabab on loan from Celta after initial dismissal according to initial court order; some items What are you thinking must be taken into account to determine their entry into the penalty centre..

The lawyer testified “sweet and sour” taste which leaves this decision by the TSJA Appeals Chamber “very well-founded” because, although it upholds a four-year prison sentence, it does not address the arguments in which the Prosecutor’s Office participates, denying the existence of aggravating factors to escalate the sentence;

“Money has never been our priority”

As regards the reduction of compensation, the prosecution acknowledges the difficulties of paying compensation for non-pecuniary damage, although it has pointed to the legal criterion of “homogenization” for the court to determine the amounts based on other submissions, and argues that, based on parallels with the consideration of cases involving pecuniary damage, it is likely to have increased the amount to the approximately 116,000 Euros they have claimed. “Money has never been a priority, we’ll have to evaluate if it’s a compensatory factor”announced bolanos who remembered in the first place the victim went so far as to refuse financial compensation For what happened and later, under legal advice, when it was decided to seek compensation.

The TSJA rejects the convicted person’s grounds for appeal, stating that the Almería Court’s right to effective legal protection has been violated because it was not impartial in assessing the victim’s statements. In addition, the Chamber explains that the victim’s statement is incomplete, although it argues that there are contradictions in the victim’s different statements. “Contradictions about fundamental aspects”.

It also excludes the part of the appeal, in which the victim acted with a false motive, which would consist in obtaining substantial compensation. In this sense, the testimony of the plaintiff “He seems credible to us, we also appreciate his persistence in his accusation, and while he actually added new facts to his second statement, we ignored the relevance of this point.”.

“The Will of Remedy”

The Chamber rejects the appeal of the special prosecution. the Ministry of Financein order to increase the penalty if it is understood that The four-year prison sentence is commensurate with being “temporary”. typical behavior and “restorative will” Evidence by the defendant, especially after the abuse of superiority or the spouse’s refusal to participate.

It therefore reminds that the victim’s rights do not wish to seek any compensation when instructed in court; this is precisely the moment when the complainant speaks of the second part of the sexual abuse recognized in the proven facts.

As regards compensation for non-pecuniary damage, the victim requested that the Court’s sentence be increased from 50,000 to approximately 117,000, which is included, and that this amount be reduced to 2,000 Euros, if the convict, in order to compensate for the damage and its impact on his daily life. Finally, TSJA reduced the compensation to 25,000 Euros.

In this sense, it explains that in addition to objective factors such as the transience of the act prosecuted, the victim’s express request in his first statement not to receive compensation, and the existence of the results reflected in the expert report of the forensic psychologist, the court must meet the criterion of proportionality, which it maintains with assumptions of the same nature.

proven sexual abuse

The court considered that the sexual abuse experienced in Mojácar in June 2017 was proven after the victim facilitated the oral hearing. “A resonant testimony with abundant detail and overlapping content. and what they have previously stated in the police department and the instruction center”.

The decision also stated that the prosecution’s testimony, including the detailed forensic report, was “supported by different and conclusive evidence”. extragenital and genital lesions The ecchymosis and psychological specialist revealed that he showed severe anxiety and depressive symptoms related to the events, “His daily life was greatly affected, he had chronic post-traumatic stress disorder directly related to the events”.

Likewise, he referred to “statements that make clear the testimony of witnesses”. “He came clearly frightened, crying, shouting, and with great concern” He stated that this incident could be seen “both by the witnesses and the doctor who helped him at the health center right after the attack”.

The court, chaired by Judge Társila Martínez, stressed that given the “consistency” of the victim’s story, Santi Mina “categorically denied that he had even touched her” in her initial statement. “Only When he finds his DNA in the vaginal cavity, he is forced to change his version. accept the facts and vaginal penetration” provision was moved.