Friday, September 30

Justice refuses to lower the sentence of Santi Mina for having consigned 50,000 euros to compensate the victim


The Provincial Court of Almería has refused to lower Santi Mina’s sentence to four years in prison for sexual abuse that his defense claimed. The soccer player’s lawyer filed a request for clarification of the sentence in which he indicated that the athlete consigned before the trial 50,000 euros as compensation for the victim and demanded that it be considered that he was repairing the damage and that a mitigating circumstance be applied. In an order made public this Friday, the court indicates that this was not requested “at any time” during the trial, neither as a simple mitigating factor nor as a highly qualified one.

Celta footballer Santi Mina will play for a Saudi Arabian team after his conviction for sexual abuse

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For this reason, it considers that Mina’s defense request “exceeds” what is meant by the clarification, rectification or correction of judicial decisions and that the lawyer “seems to affirm” that the conviction has an “inconsistency”, when that possible reparation of the damage “has never been the subject of debate” during the procedure. “What is required is a statement ex new and not a mere clarification”, he adds.

Santi Mina’s defense argued that the appropriation of 50,000 euros is a “very qualified” mitigating factor for repairing the damage and asked the court that sentenced him to four years in prison to clarify its application in the ruling, which would have meant a substantial penalty reduction. For its part, the private prosecution opposed the Provincial Court of Almería processing the clarification of the sentence requested by the defense. In his opinion, requesting that a mitigating factor be applied in one or two degrees “cannot be understood as a request for clarification of obscure facts or their correction, but rather a legal discrepancy on the judicial criteria applied.” The “correct course” for this, he adds, is to file an appeal.

He considers that if the mitigating circumstance was not requested beforehand, it was because throughout the process those responsible for Santi Mina’s defense “have fully denied the existence of the facts, their criminal responsibility, as well as the damage caused to the victim and his willingness to repair the damage caused.

The court of the Third Section also rejects what was requested by the soccer player’s defense in relation to deducing testimony against the victim’s lawyer for allegedly “revealing” information subject to professional secrecy since “there is no pronouncement in the sentence” on this subject , nor is it “at all a matter subject to debate during the act of trial on which the judicial decision must be pronounced.” The Provincial Court of Almería does estimate one of the allegations to rectify an error in the footballer’s surnames when declaring the costs ex officio.

Mina, who is playing on loan from Celta this season in a Saudi Arabian team, remains free after appearing in court a week ago. The accusation requested his entry into prison considering that, by moving abroad and, specifically, to a country without an extradition agreement with Spain, the risk of flight had increased. Justice considered that there is no such risk because the footballer “has always been available” and has communicated his change of residence, something that he asked him to continue doing.



www.eldiario.es

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