The accused of stabbing another young man to death with a large knife outside a leisure venue in the Polígono neighborhood of Toledo in the early hours of March 12, 2023 has invoked his right to remain silent in the trial that began on Monday at the Provincial Court of Toledo against F.J.I.G., who has been in prison for this case since March 13, 2023. The defense lawyer has denied the allegations and has requested the acquittal of his client.
The trial began with the formation of the jury, consisting of six women and three men, and continued with the reading of the written submissions from the Public Prosecutor, the private prosecution, and the defense. After their interventions, the accused chose to remain silent. The fact that he did not wish to speak at this moment does not mean that he cannot exercise his right to have the final say after the conclusion of the trial.
The defense lawyer, in his written submission, asserts that the allegations made in the corresponding submissions of the Public Prosecutor and the private prosecution are «not true,» arguing that it is not true that his client repeatedly stabbed the deceased.
Furthermore, the defense adds that F.J.I.G., in his judicial statement, claimed to «not remember anything» about what had happened and stated that he «did not have a machete, knife, or any other weapon on him,» also expressing that he had consumed a large amount of alcohol and other narcotics.
On the other hand, according to the defense, there is «no evidence or knowledge» regarding the weapon used in the described action. In this regard, «it is established in the record that the knife seized during the home search of my client has nothing to do with the murder weapon, as evidenced by the forensic report in the proceedings.»
The defense lawyer also points out that the accused «is a heavy consumer of narcotics and alcohol.» Currently, he has been undergoing therapy for his addiction at the Ocaña I Penitentiary Center for six months.
NO CRIME
In conclusion, the defense argues that his client «did not commit the actions described in the corresponding allegations» and that his client’s actions «do not constitute any crime.»
In any case, the defense believes that the described events do not meet the requirements to be classified as murder under Article 139 of the Penal Code. Therefore, if acquittal is not granted, the defense invokes the applicability of Article 138 of the Penal Code, which defines the crime of homicide.
It also states that there is no criminal liability on the part of the accused as an author, and, in any case, the defense argues that the exemption provided in Article 20.2 of the Penal Code applies due to full intoxication from alcohol and toxic and narcotic substances.
Additionally, the defense invokes the mitigating circumstance provided in Article 21.2 of the Penal Code, related to the actions of the offender caused by a severe addiction to the substances mentioned in Article 20.2.
In any case, the defense also invokes the mitigating circumstance provided in Article 21.4, stating that according to the proceedings and the allegations, it was the accused who voluntarily went to the police and maintained a cooperative attitude towards the authorities throughout the process.
Finally, the defense lawyer requests the acquittal of his client with all favorable pronouncements and argues that «there is no need to establish any civil liability.»