The Superior Court of Justice of the Balearic Islands (Tsjib) has ordered the retrial against Pau Rigo, accused of shoot dead a thief who broke into his Porreres house (Majorca) in 2018.
The Court declares the acquittal sentence is void for violation of essential rules of procedure causing defenselessness, in relation to the verdict and the majorities necessary to obtain it, as reported by the Tsjib.
The Civil and Criminal Chamber of the Tsjib has thus estimated the appeal filed by the Prosecutor’s Office against the sentence that acquitted Rigo, accused of shooting to death a thief who broke into his house in 2018.
The Court declares the acquittal sentence null and void and orders the trial to be repeated violation of essential rules of procedures causing defenselessness, in relation to the verdict and the majorities necessary to obtain it.
According to the resolution, the hearing must be held with another popular jury and different magistrate or presiding magistrate. “Reviewing the proceedings, we are convinced, in accordance with the request of the Prosecutor’s Office, that it is appropriate to annul the same and the trial held, without it being possible to do so partially by preserving the conviction of the accused for robbery, given that the facts prosecuted are not separable “, point out the magistrates.
The Court refers to the doctrine of constitutional Court regarding the annulment of an acquittal sentence handed down at the Jury and annulled by the TSJ for lack of motivation for the verdict. The ruling of the TC “is applicable to the case under examination.”
The magistrates consider the Prosecutor’s Office’s annulment claim, so they do not decide on the appeal of the rest of the defenses. It is worth remembering that, on May 7, the Court held a hearing in which the Prosecutor’s Office and the procedural representation Two of the defendants requested that the sentence be annulled and therefore that the trial be repeated.
On the other hand, Rigo’s defense argued that the appeal should not be admitted and the acquittal should be confirmed. The decision is not finalthere is an appeal.
