The advanced and incurable cancer who suffers requires the Audience of Zamora to release 72-year-old man sentenced to six in prison for sexually abusing his granddaughter in when the girl had between 11 and 15 years and I was going to spend the vacation to town of the family, Villanueva de Valrojo. The man, with initials TMM, will serve the sentence confined in his home and it would only be reviewed in the unlikely event that his health improved.
The Court thus suspends the prison sentence, in compliance with the Article 80.4 of the Penal Code which establishes this possibility when it is proven that the convicted person suffers from “a very serious illness with incurable conditions, unless at the time of the commission of the crime he already had another suspended sentence for the same reason & rdquor ;.
A forensic report endorses that the cancer he suffers from is so serious that it would prevent him from being cured in the near future. The decision of the Zamorano magistrates takes into account that the defendant does not have any treatment that could put an end to his illness, so that in prison he could not follow adequate therapy either.
The defendant’s lawyer requested the suspension of sentence last month to prevent the immediate imprisonment from being executed for the sexual assaults to which he subjected his minor granddaughter. In that petition it was stated that the condemned person wanted spend the last months of life with your family. The prosecutor asked the court for an expert report to justify the absence of a penitentiary in Spain “prepared so that he can follow the relevant oncological treatment with guarantees & rdquor ;.
Second case
It is the second time that the Audiencia has agreed to suspend a prison sentence for a Zamorano. The first benefited the 88-year-old man who tried to kill his ex-wife at the gates of a supermarket in Morales del Vino, sentenced to 12 years in prison by the Provincial Court, which decided his admission to a nursing home.