The third section of the provincial court of Cadiz confirmed the decision of the Criminal Court No. 3, the Kheres de la Nervoter, who condemned Two years and one month in prison Diego “El -Sigala”, Poor treatment committed on your former partner sentimental.
In the verdict dated June 30, the Cadiz provincial court rejects the appeal resources presented by the defense of the convicted person and a concrete accusation made by her former desire against the sentence issued by criminal court No. 3 of the sherry last December 17, 2024.
The judge condemned the accused in the first crime of poor treatment in the field of violence against women in connection with aggression committed by the victim Herez HotelAnd they imposed six months of prison and a ban on communication and an approach of less than 200 meters for two years.
He also condemned the investigation for the second crime regarding treatment in the field of violence against women for aggression that occurred in Palafrugell Hotel (Girona) and imposed eight months in prison and The ban on communication and approaching less than 200 meters from his former partner for two years.
The judge also condemned the accused of committing a crime related House of the sherry in which they lived togetherAnd in this case, he established a fine for eleven months of prison and a ban on communication and approaching less than 200 meters from it for two years, which is used because the events occurred in the presence of children in the family house.
In addition, he condemned him to Soft and constant crime of annoyance in the home And he imposed 25 days of permanent location, always in others and far from the victim, and the ban on communication and approaching less than 200 meters from the victim for six months.
In addition, even after the trial, held on November 7, 2024, The magistrate justified him for the crime of abuse under aggravating circumstances In the field of violence against women for events that occurred at Punta -Kana Airport, because he did not think that in August 2017 in August 2017, and when the woman was with her son in her arms, waiting for the flight at this airport, the defendant went up to her, grabbed her hand and paid off the time that she had gone on the trip.
The judge did not make any statements on civil liability – the private charge required compensation in the amount of 3,000 euros – after the analysis of two expert reports provided by the procedure, since, among other things, experts of the unit of a holistic assessment of gender violence (UVIGV) “concluded” that the applicant was the applicant “There is no psychological symptomatology”Emphasizing the magistrate, which, “on the issue of the implementation of civil actions, regulates the prayer principle of justice; And, therefore, only the requirement to compensate for psychological consequences can be evaluated ”and“ therefore excludes the possibility of evaluating compensation for other concepts, such as moral damage ”.
Protecting the estimated error in testing the test
The defendant’s defense appealed the verdict, given that the judge would bear the mistake in evaluating evidence, since the evidence of the charges that practiced The presumption of innocence This protects him as the accused, ”casting doubt on this sense that the testimony of the victim“ collect the estimates required by jurisprudence to achieve such virtuality. “
Similarly, and if the condemning statement was confirmed, the defense approved the incorrect individualization of fines imposed by the lack of necessary motivation.
In accordance with this, the third section of the hearing states that “the ability to be evaluated in accordance with the constitutional doctrine identified” in the decision itself, the statements of the reviews presented at an oral hearing before the criminal court ”, when the immediateness and contradiction necessary in this ward is absent, and there are no objective data that allow you to modify the facts, in accordance with the appropriate ones, the corresponding, corresponding corresponding to the corresponding ones.
The court recalls that, by his decision, the criminal court called The testimony of the victim of “clear, congruent, consistent and random With what was indicated in his complaint, before the training court, as well as to IML professionals, ”this statement was considered“ completely persistent ”, to which he adds that it studied the“ strict episode on the episode “a total of eight” in order to highlight those that are confirmed by external elements that go beyond the scope of evidence that they are not profiled, are not profiled.
“Faced with this intellectual task, in some cases of surgical accuracy and, in all respects, adaptable to the correct interpretation of the applicable jurisprudence doctrine, the applicant intends to replace this assessment with its own, which is not enough for the logically interested party itself, excluding that in the indicated personal character we did not have any immediate side.”
