The 5th grade professor of Criminal Law German Aller stated that in the Moisés Martínez casewho was sentenced to 12 years for killing his father, after learning of the abuse and mistreatment of his brothers, “the sentence is well founded”.
The professor stated that although he may not share the entire ruling “It is not legal nonsense.” The investigation revealed “a series of elements that are considered proven and imply a way to give tremendous death“Aller told Channel 10.
“The most shots (were) from behind without any sign of defense from the person who died (…) and conversely, without any injuries on this boy that indicate that he was attacked,” Aller added.
Moisés Martínez killed with 15 shots to his father on May 25 of last year after learning of the abuse they suffered his siblings when they were children and teenagers. The defense requested the acquittal of the young man through article 36 of the Penal Codewhich establishes that the crime can be forgivable when done as consequence of domestic violence. However, Justice did not grant the request.
In 2010, Carlos Martinez had been convicted for these complaints of violence and sexual abusethen he left prison. “Although we understand perfectly and can even agree with the family in many aspects regarding fears and fears, In practically 15 years there were no records of criminally reprehensible acts against the deceased“he added.
“If the penal system does not have knowledge of the facts, that cannot simply be argued“he stated allerwho is also director of the Institute of Criminal Law and Criminology from the Faculty of Law of the University of the Republic.
“The ruling is well put together, the Prosecutor’s Office’s approach is serious and consistent,” he stated. Homicide prosecutor Sabrina Flores assured that the conviction is “in accordance” with the evidence and that there is no legislation that protects these cases. First, a prison sentence of 18 years had been requested for the especially aggravated homicide, but finally the Judge María Noel Odriozola sentenced him to 12 yearsfailure to which Martínez family will appeal.
“Maybe a second instance can shed some light on this, but it seems doubtful to me“, according to Aller. “It was a case of self-defense deferred in time in the face of the imminent attack on third parties, but That difference of practically 15 years eliminates any possibility of this“said the professor.
When consulted about the Moisés case, the criminal lawyer Juan Fagundezwho is a member of the Association of Criminal Lawyers of Uruguay, said that never saw article 36 of the Penal Code applied that exempts from punishment. But if He wondered if the young man’s sentence was appropriate..
