November 22 from 2021 - 13: 25
The Provincial Court of Alicante has sentenced a man to 22 and a half years in prison for the crimes of trespassing and breaking a precautionary measure, in competition with a crime of treacherous murder, a man who He violated a restraining order and cut his throat in Dénia to his former sentimental partner in the presence of her youngest daughter.
The Chamber appreciates in the sentence the aggravating kinship and gender and the mitigating stubbornness. The trial, held through the Jury Court procedure, ended on November 5 with a guilty verdict.
The prisoner will not be able to communicate or come within 500 meters of the two children of the deceased for 32 and a half years. In addition, you must compensate them with amounts that add up to a total of 450.000 euros for the moral damages caused by the death of their mother.
The convicted person and the victim, aged 56 and 44, respectively, had a romantic relationship that ended in January 2018, when she reported him and a Violence Against Women Court issued a prohibition on approaching and communicating with the victim as a precautionary measure.
However, during the early morning of October 22, 2019, the man violated that order and accessed his ex-partner's home, located in Dénia, through a living room window, using a three-meter-long rigid ladder that had bought the afternoon before at a hardware store.
Once inside the house, he entered the room of the victim, who was sleeping next to his minor daughter, with a 17,5-length machete, and cut her throat. The woman died on the spot.
According to the court decision, the convicted person took advantage of the victim's defenseless situation, "sought by him when he entered the home unexpectedly, at night and when she was confidently sleeping at home."
The sentence, which may be appealed before the Civil and Criminal Chamber of the Superior Court of Justice of the Valencian Community (TSJCV), reflects that the convicted person committed the murder "motivated by a state of obfuscation" since it was believed unjustly deprived of the use of his home by the victim after he had reported it.
On the other hand, the Court applies the aggravating factor of gender in its conduct, since it acted motivated by "reason of its domination over the victim", as well as with "contempt for its condition as a woman that it considered being unjustly protected by that fact by the Police and by the judicial system ”.