The Appeals Chamber of the National Court partially accepted the appeal of the defense of Pompeyo González, the retiree from Miranda de Ebro (Burgos) who sent half a dozen explosive letters to the Ukrainian Embassy, at the Moncloa and other institutions and reduced his 18-year sentence handed down in the first instance to 11 and a half years in prison.
The resolution, to which ABC had access, accepts as proven fact the story of the Third Section of the Criminal Chamber of the National Court, which imposed 10 years in prison for the terrorist injuries suffered by the security agent of the legation Ukrainian for handling the envelope and eight others for manufacturing and possessing explosive materials.
He also agrees with the legal characterization of the two crimes, against the argument of the defense which denied that it was terrorism because, as it was affirmed, it had not succeeded in altering the peace public, but he disagrees on the seriousness of the facts and applies a reduction of one degree to the sentence.
Concretely, the magistrates believe that even if the custodial sentences were imposed “at a minimum” and the defense did not assert during the trial that the events were objectively considered less serious, given that it was is an ordinary resource, the calculation can be revised in first instance. . And after that, they conclude that a reduction in the sentence imposed for the terrorist injuries, which were not serious, is appropriate.
“The Public Prosecutor’s Office as well as the People’s Procuratorate understand that in this case the potentially harmful nature of the devices sent and the result of an injured person do not allow the application of this mitigation. However, it is true that the devices had a harmful capacity, otherwise they could not be considered as explosive devices, but as their harmful capacity was not high, the explosive charge was less, although effective,” says the Appeal Chamber.
The injury was minor and did not come from a terrorist group
According to him, “the means used show a lesser devaluation of the action”, to which we add that the devices “did not cause any damage” and that the only one which caused an injury caused it “slightly, this Who He only needed medical assistance. and that he healed in 30 days, which also allows us to estimate a lower devaluation of the result. “All this leads us to consider that the incident should be objectively considered less serious and to apply the reduction,” the resolution states.
He emphasizes at this stage that Pompeyo “has no link or relationship with any criminal group or organization, he does not seek to collaborate with other people” and that, “more than being an individual terrorist, he is the case of a lone terroristwhich will have difficulty generating followers or spreading among sectors of the population.
“The reduction must be applied in one degree and not in two, since the accused sends 6 devices, emphasizing his criminal behavior, which required a long preparation. The two-degree reduction would only have been appropriate for a smaller number of devices, which would have shown even less danger,” he concludes.
