Tuesday, April 26, 2011

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- P. General - P. Special. Homicide. Incomplete duress defense. Self-defense. Are discarded.

Supreme Court Judgement of March 4, 2011.

SECOND .- The author of the resource has formalized three appellate content reasons, all as authorized pursuant to Art. 849-1 st Law of Criminal Procedure, and therefore, with full respect for the facts as established in the sentence appeal.
On the first occasion, the appellant argues the assessment of the circumstances of duress as a complete defense.
should make it clear that in the process of closing arguments, as we read in the third of the factual background of the decision under appeal, the defense at any time interested in the cause of innocence, but the justification in self-defense consistent .
The trial court understood, however, that attends this case in mitigation of criminal responsibility by taking into consideration a prior situation of violence, physical and mental routine, by his partner, who gave birth on a situation of terror accused of losing his own life, to the many events suffered in past dates - and remote-coming, telling the Board also instance sentencing that "acts of violence were constant, and the day before killing Santos (her partner), he tried to strangle Susan, which was witnessed by some friends.
So, the next day first thing in the morning, returned to discuss the point that the appellant now "picked up a kitchen knife," which is ignored if it was permanently in power, or left it again, but the fact is that, around 17:00 hours, there was another argument between the couple, Santos found drunk, the accused with such instrument (18.5 centimeters leaf), gives him a knife in the abdomen that causes death, but not before trying to defend the Saints said the attack, suffering because of it, an incised wound in the thumb of his right hand, which severed . Then, the statement tells how the defendant appealed washed the knife and it stays in the bathroom sink, and attempts to clean the blood produced by the wound that was in the hall floor using a mop.
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