The Provincial Court of Cáceres denied replacement of the sentence pending its execution to man convicted of stealing wine bottles from restaurant Atrium from the capital Cáceres for his expulsion from Spanish territory, considering that he does not comply with the requirements of article 89 of the Penal Code applicable to citizens of the European Union.
The Chamber recalls that the person sentenced to four and a half years in prison for a crime of robbery with force in an establishment open to the public of “particular gravity”, has Dutch nationality, therefore the Article 89.4 of the Penal Code.
This article includes that “the expulsion of a citizen of the European Union takes place only when he or she represents a serious threat to public policy or public security, taking into account the nature, circumstances and gravity of the offence committed, his or her past and his or her personal situation”.
The Chamber agrees that in the case of a convicted person who none of the precepts are given what the law requires, reports the High Court of Justice of Extremadura (TSJEx) in a statement.
“The crime for which the sentence he seeks to replace is imposed is a crime against property which, without prejudice to the media importance that may have been given to it, the truth is that in itself does not lead to the applicant being classified as a serious threat for public order or public safety, in the terms required by the precept, not even put in relation with the rest of the criminal activity that appears in his criminal record, consisting, for the most part, of simple minor crimes against property (thefts)”, he underlines.
SO decides that there is no roomso to access your request replacement of the sentence.
