The first section of the Provincial Court of A Coruña has The appeal filed by one of those investigated for the crime of Samuel Luiz against the order of the investigating judge that ratified his admission to provisional prison, communicated and without bail.
As reported by the Superior Court of Xustiza de Galicia (TSXG), in the resolution, against which no appeal can be made, the magistrates emphasize that, based on the witness and documentary proceedings carried out so far, the measure imposed “is justified and appears sufficiently motivated. ”
The court understands that there are “rational evidence of the commission by the appellant (KASC) of a crime of homicide“as well as” his participation in the brutal and prolonged physical aggression perpetrated on the victim, to which several people continually beat and kicked him until he was killed by head trauma.
In addition to the seriousness of the crime and the penalty it entails, the judges emphasize that provisional detention is justified by the existence of an “obvious risk” that the appellant “could try to obstruct the investigation and to alter or influence the sources of evidence, especially with regard to witnesses. ”
They maintain this since the procedure is in the initial phase, “pending the practice of essential steps for the due clarification of the facts and the participation of the investigated in them.”
The magistrates consider “premature and unfounded a review of the provisionally adopted custodial measure,” for which they have dismissed the appeal. In the order, they also point out that the residential and family roots alleged by the investigated are insufficient to replace the provisional detention with another less restrictive measure of his personal freedom.
Also dismissed the appeals of minors
The Provincial Court has also rejected the appeals filed by the two minors investigated in the case against the order that maintains, for both, the measure of internment in a closed regime. The court assures that there are “well-founded indications”, which emerge from the testimonial statements and the graphic documentation, of the participation of the two minors in the commission of the criminal acts. Thus, it stands out that both were identified by witnesses as one of the people who were attacking Samuel “immediately before it collapsed.”
Regarding one of the minors, the magistrates indicate in the order that he had already been sentenced prior to the fulfillment of a measure of probation. “And it is precisely during the period of compliance with that measure when the criminal law is allegedly being violated again in such a forceful way and with such dire consequences, thus evidencing a clear criminal progression that requires an immediate sanctioning-educational response “, they highlight.
In addition to the seriousness of the crime for which they are being investigated, the Hearing, like the Juvenile Court, considers the adoption of the measure justified by the need to avoid criminal repetition, the risk of flight and the possibility of both appellants of obstructing the action of justice, given that the police actions have not ended. These are the only three appeals to custodial measures that, for the moment, have reached the Provincial Court of A Coruña, according to the TSXG.
Eddie is an Australian news reporter with over 9 years in the industry and has published on Forbes and tech crunch.