The absolution of El Cuco and his mother
The First Section of the Provincial Court of Seville has annulled the conviction of El Cuco and his mother, who had been sentenced to two years in prison for false testimony during the trial for the murder of Marta del Castillo.
The court has upheld the appeals presented by the defense of Rosalía García and her son, Francisco Javier García Marín, known as El Cuco, revoking the sentence of Criminal Court number 7.
Reasons for acquittal
The court has acquitted El Cuco because the figure of the co-accused witness is not legally regulated, and the consequences of not being truthful in his statement have not been determined.
In addition, the court also acquitted his mother because she did not lie on matters of importance to the resolution of the case and was not warned of the legal exemption from answering questions that could harm her son.
Review of proven facts
The magistrates of the First Section do not accept the facts proven by the Criminal Court, indicating that El Cuco was convicted of a crime of concealment, but acquitted of other charges, while his mother intervened as a civil party in the reform file.
Appeal
The court is considering the appeal filed by El Cuco’s defense, arguing that a controversial legal question was not sufficiently answered, and that doubts persist about the scope of his testimony as a witness.
Non-jurisdictional plenary session of the Supreme Court
The court refers to the Non-Jurisdictional Plenary Session of the Supreme Court, which tried to resolve the validity of the statement in the plenary session of the previously tried co-accused who appears as a witness at the trial of another accused.
It is highlighted that the figure of the co-accused witness is not regulated in the legislation, and the lack of determination of the consequences of his statement by the Plenary is underlined.
Conclusion of absolution
The First Section concludes that El Cuco had the obligation to appear as a witness, but he could not be required to declare something that would lead him to confess guilt, and that the accused did not lie on matters that were important for the resolution of the matter.
Therefore, both El Cuco and his mother have been acquitted of the crime of false testimony for which they were convicted.
