The Supreme Court cancels a sentence on sexist violence with hard reproaches to the Canarian TSJ: “It has serious defects”

The Supreme Court has annulled a judgment of the Superior Court of Justice of the Canary Islands (TSJC) that suffers from formal “thick defects” and motivation and contains a story of proven facts “indefinite, poorly structured and contradictory.” The judicial resolution now lying down By the Spanish high court, the penalty imposed in the first instance to a man who stabbed his ex -partner, when he understood the civil and criminal hall of the TSJC that the facts not They were constitutive of a crime of murder in the degree of attempt, but of consummate injuries.

The sentence that has deserved the hard reproach of the Supreme Court was issued on September 18. His rapporteur is Antonio Doreste, former president of the TSJC. His successor in this position, Juan Luis Lorenzo, and Judge Carla Bellini completed the court. The annulled ruling had partially estimated the defendant’s appeal against the sentence of the hearing of Las Palmas that condemned him for attempted murder.

The prosecuted events date back to November 18, 2021. That day, about three in the afternoon, the aggressor pounced on the victim, his ex -partner, when the woman was inside her car in a parking lot in the town From Costa Calm, in Fuerteventura, and repeatedly nailed a knife while saying: “I’m going to kill you, you ruined my life.” The man wore wig, mask and hood to hide.

According to the story of proven facts of that first sentence of the Palmas Court, the defendant directed his attack “to the area of ​​the neck and chest” of the victim, which “defended himself with his hands.” A citizen who was around that parking area intervened and grabbed the aggressor to “avoid culminating the action.”

The woman suffered wounds and bruises in hands and arms. In addition to the first healthcare, he said surgical treatment and required 63 days for healing, 30 of them with a “moderate” damage as life and 33 with a “mild” damage. The ruling of the audience of Las Palmas considered proven that the defendant committed those facts “clearly moved by not accepting the decision” of the victim to “break her relationship.”

Resource to the TSJC

The Las Palmas hearing condemned the accused of murder in the degree of attempt through a resolution dated in March 2024. Six months later, the Civil and Criminal Chamber of the TSJC partly estimated the appeal presented by the defense presented by the defense .

The High Canarian court made the story of proven facts of that first sentence, but with an addition. He considered relevant the type of knife used by the man to assault his ex -partner, “a simple special covered”, and the injuries he produced to the victim. “Despite having stabbed him in no less than 11 occasions, there are no incised wounds, that is, of cutting, but superficial, bruises (by blows) and scoriations (very slight wounds, for rubbing, not by puncture or drilling), which, which Indicates the inidoneity of the knife used to deepen or pierce, being obvious that it is a flexible cutlery knife, ”collects the sentence signed by Antonio Doreste.

The judgment of the TSJC annulled by the Supreme also stressed that “all the places of aggression (sic) occur in hands and legs, except one in rib cage, but being a simple scoriation (a friction) without skin drilling.” With those arguments, the Civil and Criminal Chamber concluded that the aggressor did not have “a spirit of injuring”, so he reduced the criminal type of attempted murder to tentative injuries and, consequently, the Count of fourteen to six and a half years in jail.

The reproach of the Supreme

The Criminal Chamber of the Supreme has annulled that judgment of the TSJC and has returned the actions to the same court to issue a new resolution “remeding the serious defects appreciated regarding the facts that it considers or not proven.”

“It is not easy to understand the reasoning of the contested sentence (of the TSJC). Nor, and this is what matters now, determining what facts he finally considered proven and which did which is dated on January 15 and has as speaker the magistrate Leopoldo Puente.

The TSJC produces a story that “suffers from inconsistencies and internal contradictions.” Thus, the Canarian court ruling rules out the “mood of killing” in the defendant’s conduct “not only with the incomprehensible argument that a flexible (leaf) knife is inidonous for this purpose”, but also “in open contradiction With other proven facts that, shortly before, he had claimed to make his own, ”says the Supreme.

With respect to the fifteen centimeter knife used in the aggression, the Supreme the “flexible nature” of those known as “jaming knives.”

The first sentence, the one issued by the Las Palmas Audience, already stated that it was a “perfectly sharp” knife that, in addition to having caused the victim incised injuries that required a surgical intervention, had left marks in the vehicle seat , as stated by the Civil Guard agent who carried out the ocular inspection.

The Supreme does not understand that the TSJC maintains that the attack was not directed against vital areas of the victim’s body when in that same sentence he admits as a proven fact that the aggressor tried to nail the knife repeatedly “in the neck and chest” and that the woman “defended himself with his hands.” To “round the contradiction”, the Canarian court ruling includes the “unusual statement” that the aggression did not produce incised injuries, when one of them, in his left hand, required four points of suture and another, on the right, on the right, on the right, on the right, on the right, seven. “Seven points!” Emphasizes the Spanish high court.

In short, the Supreme Criminal Chamber concludes that the TSJC fact story is defective. First, because the reference to the flexibility of the knife is “little relevant and imprecise.” And “most importantly”, because “he affirms and denies at the same time” that the attack was directed against vital areas and because “ignores” that while the victim’s knife, the defendant told him that he was going to kill her because there was “him” ruined life. ”

According to the Supreme, it is not possible to estimate the appeal presented by the private accusation and the Prosecutor’s Office, which had requested that the first sentence be rehabilitated, the one issued by the Las Palmas Hearing. “This is not possible from the confusing account of the facts that the judgment appealed considers proven, without the modification of the same, to the detriment of the accused, it could be carried out by this Court, ignoring the imprecise additions and contradictions that in this regard the contested sentence contributes. ”

That is, it must now be the same TSJC who dictates a new resolution analyzing the defense resource and remedying the formal defects appreciated by the Supreme.

The rapporteur

The Civil and Criminal Chamber of the TSJC is made up of Juan Luis Lorenzo Bragado (its president), Antonio Doreste and Carla Bellini. Although in the sentence now annulled by the Supreme Court it is unanimous, in the last five years a discrepancy of criteria among the magistrates has been evidenced in this judicial body. In particular, in procedures on sexual crimes.

Dozens of sentences dictated on this matter in the last five years contained a disagreement particular vote with respect to the majority position of the room. In all of them, Antonio Doreste (rapporteur of the resolution just lying by the Supreme) that are not supported by other incriminating indications.

Its criteria collides with that of another of the components of the Chamber, Carla Bellini, which defends that the declaration of the victim of sexual violence can be considered a sufficient proof against the accused, even when it comes to the only available evidence, “” because when it occurs (the acts of sexual violence) generally with absolute clandestinity, the concurrence of another differentiated test is difficult. ”

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