In the writing of LEGAL INFORMATION, we echo the last case resolved by the law firm, RINBER ABOGADOS PENALISTAS, specialists in crimes of SEXUAL ASSAULT, (defense and accusation for VIOLATIONS), in front of which are JAVIER and MANUEL RINCÓN BERNAL, in which, as confirmed to us, A RAPIST IS ESCAPE OF GOING TO PRISON FOR A CRIME OF SEXUAL ASSAULT DUE TO JUDICIAL SLOWNESS.
How is that, A RAPIST WILL NOT GO TO PRISON FOR A CRIME OF SEXUAL ASSAULT DUE TO JUDICIAL SLOWNESS?
Some time ago, a Mr. contacted RINBER ABOGADOS, trying to hire MANUEL and me, (JAVIER RINCÓN). He was calling us from Germany, (to say a different country than the one he was actually in), and that he was in a maximum security prison, (there wouldn't be that many, when indeed, he was calling us from his own cell phone), and that his interest was IF WE ACCEPTED THE DEFENSE OF YOUR CASE. After having a brief conversation with him, I gave him my personal telephone number so that a relative of his could contact me.
A few days later, his sister contacted me, with whom I talked "at length" about the matter at hand, but also about the matter for which, indeed, this man was serving a long prison sentence. , of no more and no less than 15 years, for a crime against public health, (drug trafficking).
Of those fifteen years, he had completed 10, and due to prison benefits, in a scant margin of 1 year, (possibly a few more months), he could have completed his sentence and return to Spain, since his intention was to reunite with his family. and with his girlfriend, (his main supports to return to normal life).
Are you looking for a lawyer specialized in Criminal Law?
we help you find a criminal lawyer.
We have a wide network of collaborating lawyers in all Spain.
Once that question was resolved, we only had to deal with the issue at hand, an IMPUTATION BY A CRIME OF SEXUAL ASSAULT, (RAPE). It seems to be, (as the client and later his sister told me), that in his town of origin, X, (a small town in the north), a girl had denounced him for the alleged commission of a CRIME OF SEXUAL ASSAULT, (so it was).
However, he was serving prison in Germany, the criminal proceedings had been suspended, waiting for the mechanisms to bring Mr. X to Spain to be held accountable once the sentence has been served in Germany. for the course CRIME OF SEXUAL ASSAULT, (RAPE).
And it is at this point, WHERE VARIOUS ERRORS ARE PRODUCED, which make it POSSIBLE TO ACHIEVE THAT, A RAPIST WILL NOT GO TO PRISON FOR A CRIME OF SEXUAL ASSAULT DUE TO JUDICIAL SLOWNESS.
The Spanish State had issued a EURO search and arrest warrant against Mr. X. Also, an ORDER OF EXTRADITION, but, (and here is the mistake, affirm JAVIER and MANUEL RINCÓN BERNAL, criminal lawyers, specialists in SEXUAL ASSAULTS)They had not requested to be able to bring Mr. X from Germany, try him, sentence him, send him back to Germany, that he finish serving his sentence in Germany, and, once the previous one has been served, that he serve his sentence in Spain. No. It was not done that way.
Mr. X served his sentence in Germany and was transferred to Spanish territory, TO BE JUDGED. In uppercase. To be Judged. What happened? Or rather, what happened? Well, (say JAVIER and MANUEL RINCÓN BERNAL, criminal lawyers, specialists in SEXUAL ASSAULTS), our defense strategy, for this specific case, has been based more on procedural law than on criminal law. The evidence on the matter was quite conclusive. There had been SEXUAL ASSAULT, but we had a card in our favor. Nails.
From the day the facts were committed, until the day the trial was held, MORE THAN 13 YEARS HAD PASSED. In law, that is UNACCEPTABLE, affirm JAVIER and MANUEL RINCÓN BERNAL, criminal lawyers, specialists in SEXUAL ASSAULTS).
The penal code establishes, among others, the MITIGATION OF UNDUE DELAY IN THE PROCESS, which serves to mitigate the penalty to be imposed. But it is that in this case, that EXTENUATING UNDUE DELAY IN THE PROCESS, has had to be applied with the character of VERY QUALIFIED, based on those MORE THAN 13 YEARS that had elapsed. In such a way, that from the initial request of 8 years in prison that was maintained by the accusations, we have achieved that said sentence remains in 2 years in prison, with the suspension of the custodial sentence.
In any case, IN LIMITATION OF UNDUE DELAY IN THE PROCESS, IN LIMITATION OF UNDUE DELAY IN THE PROCESS, (JAVIER and MANUEL RINCÓN BERNAL state), we want to comment that, as lawyers, we do not support or justify the crime. None. Rather, we owe it to our clients, AND ALWAYS, within the framework of the law, WE TRY TO ACHIEVE THE BEST RESULT FOR OUR CLIENTS, WHETHER THEY ARE MORE OR LESS GOOD.