Redaccion
Whether or not to present it will correspond to the Public Ministry of the Supreme Court
The Superior Prosecutor’s Office of Galicia has filed a writ of preparation for an appeal in cassation against the judgment of the Civil and Criminal Chamber of the Superior Court of Justice of Galicia (TSXG) for the murder of Samuel Luiz, in the early morning of July 3, 2021, on the promenade of A Coruña.
The Public Ministry in Galicia carries out this prior and necessary procedure to file an appeal in cassation before the second chamber of the Supreme Court at the appropriate procedural moment, for various reasons. However, it explains that it will be the Public Ministry of the Supreme Court who will make the decision to file an appeal to the judgment before the high court, once the appropriate judicial procedures have been completed.
Specifically, infringement of the law, under the provisions of article 849.1o of the Criminal Procedure Law; infringement of the law, under the provisions of article 849.2o of the Criminal Procedure Law and infringement of a constitutional provision, under the provisions of article 852 of the Criminal Procedure Law.
The Public Ministry considers that the judgment of the TSXG, which acquitted the convicted accomplice, Alejandro M.R., and maintained the sentence for the other three convicted individuals, violates article 24 of the Spanish Constitution.
«Violating the right to effective judicial protection, the presumption of innocence, the prohibition of arbitrariness by public authorities, and the right to a judicial procedure with all guarantees,» it states.
It also believes that there is «an error in the assessment of evidence and a violation of criminal law.» All of this is related solely and exclusively to the acquitted individual.
The Galician Prosecutor’s Office, therefore, believes that the judgment issued by the TSXG should be annulled and a new one should be issued in which he is convicted as an accomplice — as the A Coruña Court did at the time based on the Jury’s verdict — and the sentence for the other three individuals is maintained: Diego M.; Alejandro F.; and Kaio A.S.C.
