The Provincial Court of Seville acquits El Cuco and his mom for mendacity of their assertion | Society | EUROtoday

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New setback for Marta del Castillo's household. The Provincial Court of Seville has revoked the two-year jail sentence imposed on Javier García, El Cuco, and his mom, Rosalía García, for having lied once they testified as witnesses within the trial for the homicide of the younger Sevillian girl that was held in 2011. They have been acquitted. In the ruling, the magistrates point out that the determine of “co-imputed witness” by which Cuco got here to testify in that course of “is not legally regulated” and that the Supreme Court has not decided the results of not being truthful in its assertion. Regarding her mom, the First Section has determined to acquit her as a result of she “did not lie on important issues” for the decision of the case and nor was she warned of the authorized exemption from answering questions that would hurt her son.

In May 2022, El Cuco and his mom acknowledged earlier than the pinnacle of the Criminal Court quantity 7 of Seville that they each lied within the 2011 trial after the loss of life of Marta de Castillo for which Miguel Carcaño was convicted as the only real creator of the homicide. to 21 years in jail. García admitted that, opposite to what he declared on October 25, 2011, he was in León XIII's condo on January 24, 2009, the night time of the crime. His mom additionally confirmed that he lied when in the identical course of, when she claimed that her son was in her mattress at 1:30 within the morning.

When Cuco testified within the 2011 trial, he had already been convicted of masking up that homicide by a juvenile courtroom, since when the occasions occurred, he was a minor. In reality, the Provincial Court confirmed his sentence to 2 years and 11 months of confinement 5 days earlier than he appeared as a witness on the trial by which Carcaño was being tried. In his personal trial, Cuco additionally supplied one other model, in accordance with the account of the confirmed info included within the sentence.

Right to not declare

For recognizing his false testimony, the choose sentenced El Cuco and his mom in 2022 to 2 years in jail, to pay a advantageous of 1,440 euros and to pay joint and a number of other compensation of 30,000 euros to Marta's mother and father as civil legal responsibility for the crime. “undeniable and manifest pain” brought on. Now the Court of Seville revokes this ruling and admits the attraction of the protection who alleged that when Cuco testified within the trial in opposition to Carcaño, his proper to not testify and to not confess guilt was violated and that, subsequently, he had no obligation to say TRUE.

The choose didn’t admit the earlier query requested by the protection lawyer, however the Provincial Court now understands that “there was no response with the necessary sufficiency to a legal question as controversial as the one raised by the defense lawyer on behalf of the magistrate, who limited himself to indicating that the question raised was irrelevant from the moment in which the accused had recognized that he had not been truthful.” For the magistrates, Cuco's recognition that he had lied within the 2011 trial doesn’t indicate that, after having been convicted for his participation within the homicide of Marta del Castillo, when later referred to as to testify in one other case about the identical occasions, “in what capacity he appeared and the scope of his statement, not only probative, but also its consequences” weren’t decided.

Along these strains, the courtroom doesn’t query that Cuco couldn’t be referred to as to testify within the case that attempted Miguel Carcaño, but it surely does level out that “what was controversial was its evidentiary scope” as a result of doctrine of the Constitutional Court on the evaluation of the statements of the co-defendants and “the consequences of their statement in that capacity as a witness, among them, incurring the crime of false testimony.” The magistrates additionally acquire jurisprudence from the Supreme Court that additionally concludes that the testimony of an accused who has already been tried for a similar info in a earlier case – as occurred within the case of the Cuco minor trial – can solely be delivered to trial in as a witness and never as a defendant to keep away from double jeopardy.

The courtroom considers that within the case of Cuco “we are not dealing with a typical witness” as a result of in his case, García was “not a co-accused, nor a defendant, as a final sentence had been handed down for the same facts of prosecution, but, by virtue of the Plenary , he is summoned as a witness” and concludes that it is “a hybrid figure, that of the witness-co-accused, even when he has been convicted, which is not regulated in our legislation” and that “it does not extend to other pronouncements or specify the consequences of that statement, so it cannot be extended to those of the common witness when the figure created is that of a sui generis witness.”

The Seville Court concludes that “the figure of the co-defendant witness is not regulated” and that the Supreme Court “has only indicated its probative value for the purposes of its credibility in the proceedings in which it is issued, without having determined whether this sui generis witness would incur in the crime of false testimony in the event of failing to tell the truth in essential details of the proceedings.” Since these penalties haven’t been established, the judges conclude that the results of false testimony can’t be prolonged to his assertion.

Regarding the assertion of Rosalía, Cuco's mom, the Provincial Court understands that when she lied concerning the hours at which her son returned house the night time Marta del Castillo was murdered, she didn’t accomplish that about “essential aspects for the purposes of of the prosecution.” “It contributes nothing to resolve the essence of the trial, which places hours before the death of the young woman and the departure of the body from the home, so her testimony in no way affects the time of death, not even the time at which it occurs.” disappear the physique,” the magistrates point out about his 2011 statement in which he assured that his son was in his bed at 1:30 on January 25, 2009.

“We do not see in the accused a crime of false testimony because she did not mislead the court about the data she provided with her statement as they were not essential for the resolution of the fund” and because she did not eliminate her son from “his participation in the facts for which he has been convicted,” concludes the court, which also draws attention to the fact that he was not warned at the time of his right not to answer questions that could incriminate his son.

The conviction of Cuco and his mother for false testimony was the only judicial victory for Marta del Castillo's family since, 15 years ago, the string of different versions from almost all those involved began, as well as twists in the investigation and fruitless searches for the young woman's body. It is still not known what happened on the night of January 24, 2009 in the apartment on León XII or – what most distresses her family – where her body was hidden.

Marta's parents cling to the expert report on the geolocation of Carcaño's cell phone the night she was murdered. Also here they saw how the judge denied the analysis of the devices of the rest of those involved because they had been acquitted in a final sentence. The first information that has been leaked to the press does not seem to provide any news that will help locate the body, but the family hopes that the National Police, which has started the investigations, can find some new clues.

So far this year, 16 women have been murdered by their partners or ex-partners. Since official statistics began in 2003, there are 1,260 women.

Telephone 016 assists victims of sexist violence, their households and people round them 24 hours a day, each day of the yr, in 53 totally different languages. The quantity just isn’t registered on the phone invoice, however the name have to be deleted from the gadget. You also can contact by way of e mail and by WhatsApp on the quantity 600 000 016. Minors can contact the ANAR Foundation phone quantity 900 20 20 10. If it’s an emergency state of affairs, you’ll be able to name 112 or the National Police phone numbers (091) and the Civil Guard (062). And in case you can’t name, you need to use the ALERTCOPS utility, from which an alert sign is distributed to the Police with geolocation.