The Madrid prosecutor’s office filed a brief in court opposing the extradition request from Thailand Daniel Sanchois currently in prison in that country for murder. Edwin Arrietaa previous alleged offence, allegedly committed in 2019, when he allegedly attacked a man waiting for a taxi.
Daniel Sancho faces one year in prison for 2019 offenses
Daniel Sancho Bronchalo is facing a trial in a Madrid court against him, the prosecutor’s office reported on Tuesday. crime of injury A date for an oral hearing has not yet been set and, contrary to what the defense of the person under investigation requested in the proceedings, “there is no demand for his extradition”.
Because of these facts, the Ministry of Public Affairs asked him One year in prison and 2,100 euros in compensation to the victim“Considering that it has been proven that on November 9, 2019, the respondent did not respect the queues for public services and got into a taxi in Calle Abascal in Madrid”, a man blamed him for this, followed by Daniel Sancho punched him in the head, causing one of the victim’s teeth to break and create a hole, prosecutors detailed.
The prosecutor argued that in this case there were “alternative” measures that would have allowed the trial to proceed, explaining that there was “no evidence” that the defendants remained in Thailand to evade Spanish justice because “This information is always available to the court in all subpoenas it receives.”
The Prosecutor’s Office noted that the Court of Investigation No. 21 of Madrid issued an order to start an oral trial in November 2021, following the presentation of an indictment on these incidents on April 26, 2021, and personally notified the defendants on January 18. 2022 , so only A start date for the oral hearing has still not been set.
The court took no action for a year and a half. On September 8, the defendant’s procedural representative stated that Daniel Sancho had been temporarily detained in Thailand since August, for which he requested that the corresponding procedural requests be fulfilled. Active extradition and transfer to Spanish judicial authorities.
The Prosecutor’s Office recalls that no justified imprisonment order was issued at any stage of the proceedings initiated in Spain, “It is also impossible to make a request at this time.”for two main reasons.
The first – a detailed statement from the prosecutor’s office – because criminal procedure law In order to grant interim detention, it requires that the maximum sentence imposed for the offense be equal to or greater than two years, but as the case may be unduly delayed, this is unlikely to be the case as it is possible to maintain the sentence at more than two years. beautiful.
The second reason is that the accused can always turn to the Spanish judicial authorities when they need it.
The Ministry of Public Health reminds that currently the only valid agreement between Spain and Thailand is the one between the Government of the Kingdom of Spain and the Government of the Kingdom of Thailand Cooperation in the enforcement of criminal sentences“According to its second article, this provision applies only where the person whose surrender is requested has been convicted and sentenced.”
Therefore, any requests for international cooperation will be made on the basis of the principle of reciprocity.
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Based on this principle, the Prosecutor’s Office considers that, in addition to extradition, other means of international cooperation can be used, such as conducting trials via videoconferencing systems and temporarily transferring detainees to face trials in Spain.