Logroño, (EFE).- The Criminal Chamber of the Supreme Court (TS) has confirmed the sentence to reviewable permanent imprisonment of a mother for the crime of treacherous murder, with the aggravation of kinship, of her 5-year-old daughter, which occurred on January 26, 2020 at the Los Bracos hotel in Logroño.
The Chamber has dismissed the only reason for the appeal filed by the convicted person against the judgment of the Superior Court of Justice of La Rioja (TSJR), which confirmed the one issued by the Provincial Court of Logroño, this judicial body reported this Friday in a note.
The court ruling imposed, in addition to permanent reviewable imprisonment, the payment of compensation, as civil liability, of 200,000 euros, for non-material damage to the victim’s father, and 9,643 euros for the time it took to heal. of the anxious depressive disorder that he suffered due to these events.
In her appeal, the defendant argued that the constitutional principle of prohibition of ‘bis in idem’ had been violated, a principle that consists of not punishing the same person more than once for the commission of the same punishable act.
The Chamber considers that in this case there is no ‘bis in idem’ and clarifies that it is not punished more because treachery is taken into account as an element of the type and, at the same time, as a determinant of the punitive aggravation of the result.
In his sentence, he explains that it is a case of “double treachery.”
It also points out that what grounds the penological aggravation is that “the treacherous action that determines the classification of the crime as murder falls on a victim who meets certain indicators -due to their age or their personal conditions of vulnerability-, which make them deserving of greater protection”, as was the case in this case. EFE
