Madrid, 15 Mar The Spanish Supreme Court (TS) has reduced the sentence imposed on Chilean Rodrigo Lanza Huidobro from 20 to 18.5 years in prison for murdering a man wearing suspenders in the colors of the Spanish flag from 20 to 18.5 years, considering that he wanted to kill, but not that he acted for ideological reasons. The High Court thus partially considers the convicted person's appeal and eliminates the ideological aggravating factor, which had been appreciated by the jury that tried him in the first instance and later by the High Court of Justice of the Aragon region (northeast). The TS considers it proven that, when the discussion between the two began in a bar in the city of Zaragoza (capital of Aragon), there was a “verbal aggression for ideological reasons”, when Lanza called the victim, Víctor Laínez, “facha” and “fascist”. However, he emphasizes that they then had another conversation, outside the premises, and just before the aggression, the content of which was ignored. This, according to the court, prevents ratifying that he also murdered him for ideological reasons, by the legal principle 'in dubio pro reo'. The TC considers that the 18.5 years of imprisonment is a sentence “proportionate to the seriousness of the facts” in the face of the “reiteration of beatings and the futility of the motive for action”. The Supreme Court confirms the qualification of the facts as a crime of consummate murder, when there was alevosia, with the analogue mitigation of drunkenness. It thus rejects the rest of the arguments of the appeal and confirms that there was a “desire to kill”, after verifying “the strength of the blows and their intensity”, that most of the kicks and punches in the head occurred when the victim was semi-unconscious on the ground. The owner of the bar told the defendant, in the middle of the assault, “stop, why are you going to kill him”. With regard to civil liability, the court confirms that Lanza, which at the time of the events was linked to the anti-system movement, must compensate 200,000 euros ($218,000) to the victim's relatives. CHIEF nl/mcm/jl/alf
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