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29-06-2022, 09:22 PM
Radio Sintonia:
The TSJC confirms the permanent prison for the murderer of his wife and son in a cave in Tenerife.
The Superior Court of Justice of the Canary Islands (TSJC) has confirmed the sentence of permanent prison reviewable and two other sentences that add up to 39 years in prison to the German citizen who in 2019 killed his wife and one of his children and tried to end the life of his second child. The Events took place in Adeje, island of Tenerife.
The Criminal Chamber has notified the appeal judgment which, although it confirms in its entirety the sentence imposed on the German citizen, partially upholds the appeal of his defence, only in the sense of suppressing the aggravating circumstance of cruelty in the consummate murder of the child who died immediately after his mother, assaulted with the same stone.
The High Court has concluded that there was no evidence to be held to be established that the defendant caused his son tremendous unnecessary suffering "consciously". The sentence in quotation marks of the final wording of the sentence is deleted, remaining unaltered the rest of the proven facts determined by the Fifth Section of the Provincial Court of Santa Cruz de Tenerife in the judgment that resolved the case in the first instance, issued on February 17, 2022.
The TSJC confirms, therefore, the bulk of the sentence that gave legal form to the guilty verdict issued by the jury on February 4. The people's court found the defendant guilty of a crime of murder with the aggravating circumstances of malice and kinship in reference to his son (for which he was now sentenced to reviewable permanent imprisonment), of another crime of murder with the aggravating circumstance of kinship in reference to his wife (for which he was sentenced to 23 years) and of a third of attempted murder with the aggravating circumstances of malice and kinship in reference to his second son, for which he was charged 16 more years in prison.
As has been said, only the application of the aggravating circumstance of malice in the murder of the child is suppressed, "without affecting the penalty imposed for the murder of the minor of reviewable permanent imprisonment", when the malice concurs, explains the resolution.
Thus, the sentence confirms as proven facts that, in the morning hours of April 23, 2019, in an isolated place in the municipality of Adeje (Tenerife) near the road from Ilfonche to La Quinta, the defendant assaulted his wife and, with the intention of causing her death, "repeatedly beat her with force, using both his hands and some stone, until he managed to get her to fall to the ground inside a cave, at which point he hit her with a stone weighing about eight and a half kilograms until he crushed her skull and finally caused her death."
It adds that the defendant, in order to carry out that act, had intentionally taken his wife and two children, aged ten and seven, to an isolated place where they could not receive any help, "without them having the possibility of an effective defence".
According to the ruling, when the defendant's eldest son came to his mother's defense, he was "violently and repeatedly beaten by his father with his hands and using stones, until he fell to the ground inside a cave." There, the now condemned man killed him in the same way as his mother.
The sentence adds that, after witnessing that his father assaulted his mother and brother, the youngest son of the German "decided to flee the place, leaving the defendant, in the belief that he would not survive, given his ignorance of a narrow and lonely terrain."
In addition to criminal convictions, the sentence imposes on the defendant various accessory penalties and obliges him to pay compensation in the amount of tens of thousands of euros.
An appeal decision is subject to appeal in cassation to the Supreme Court.
The TSJC confirms the permanent prison for the murderer of his wife and son in a cave in Tenerife.
The Superior Court of Justice of the Canary Islands (TSJC) has confirmed the sentence of permanent prison reviewable and two other sentences that add up to 39 years in prison to the German citizen who in 2019 killed his wife and one of his children and tried to end the life of his second child. The Events took place in Adeje, island of Tenerife.
The Criminal Chamber has notified the appeal judgment which, although it confirms in its entirety the sentence imposed on the German citizen, partially upholds the appeal of his defence, only in the sense of suppressing the aggravating circumstance of cruelty in the consummate murder of the child who died immediately after his mother, assaulted with the same stone.
The High Court has concluded that there was no evidence to be held to be established that the defendant caused his son tremendous unnecessary suffering "consciously". The sentence in quotation marks of the final wording of the sentence is deleted, remaining unaltered the rest of the proven facts determined by the Fifth Section of the Provincial Court of Santa Cruz de Tenerife in the judgment that resolved the case in the first instance, issued on February 17, 2022.
The TSJC confirms, therefore, the bulk of the sentence that gave legal form to the guilty verdict issued by the jury on February 4. The people's court found the defendant guilty of a crime of murder with the aggravating circumstances of malice and kinship in reference to his son (for which he was now sentenced to reviewable permanent imprisonment), of another crime of murder with the aggravating circumstance of kinship in reference to his wife (for which he was sentenced to 23 years) and of a third of attempted murder with the aggravating circumstances of malice and kinship in reference to his second son, for which he was charged 16 more years in prison.
As has been said, only the application of the aggravating circumstance of malice in the murder of the child is suppressed, "without affecting the penalty imposed for the murder of the minor of reviewable permanent imprisonment", when the malice concurs, explains the resolution.
Thus, the sentence confirms as proven facts that, in the morning hours of April 23, 2019, in an isolated place in the municipality of Adeje (Tenerife) near the road from Ilfonche to La Quinta, the defendant assaulted his wife and, with the intention of causing her death, "repeatedly beat her with force, using both his hands and some stone, until he managed to get her to fall to the ground inside a cave, at which point he hit her with a stone weighing about eight and a half kilograms until he crushed her skull and finally caused her death."
It adds that the defendant, in order to carry out that act, had intentionally taken his wife and two children, aged ten and seven, to an isolated place where they could not receive any help, "without them having the possibility of an effective defence".
According to the ruling, when the defendant's eldest son came to his mother's defense, he was "violently and repeatedly beaten by his father with his hands and using stones, until he fell to the ground inside a cave." There, the now condemned man killed him in the same way as his mother.
The sentence adds that, after witnessing that his father assaulted his mother and brother, the youngest son of the German "decided to flee the place, leaving the defendant, in the belief that he would not survive, given his ignorance of a narrow and lonely terrain."
In addition to criminal convictions, the sentence imposes on the defendant various accessory penalties and obliges him to pay compensation in the amount of tens of thousands of euros.
An appeal decision is subject to appeal in cassation to the Supreme Court.
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