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An 86-year-old man who killed his wife due to a mental disorder is exempt from criminal liability

The Provincial Court of Madrid has exempted from criminal responsibility a 86-year-old man accused of killing his 81-year-old wife in 2021giving him more than fourteen blows with a hammer when considering that he had a mental disorder at the time of committing the crime.

In the ruling of Section 26 of the Madrid Court, whose resolution is final and enforceable given that the parties have waived to file an appeal, the cessation of the convicted person’s provisional detention and his transfer to a detention center dependent on Penitentiary Institutions is agreed. .

The magistrate has ruled that Eduardo G, accused of a crime of murder with the aggravating circumstances of gender and relationship, must remain interned for a maximum of twelve years so that he receives “appropriate treatment for his illness.”

You may be released from this measure before the deadline if it is medically certified that your illness no longer puts other people at risk or that, when released, you live with people or are in a residence where any decompensation in your illness can be detected. time.

In addition, The accused must compensate one of the three children of the deceased with 150,000 euros.the only one who claimed, and pay the procedural costs.

The Chamber considers it proven that on the afternoon of June 15, 2021, the accused “decided to end the life” of his wife and to do so he took a hammer from the toolbox and, in an unforeseen and sudden manner, without her being able to Expecting an attack from her, he hit her on the head.

The victim fled to the living room of the home but her husband, persisting in his intention to kill her and “inflict her as much damage as possible” continued hitting her “with extreme aggressiveness” more than 14 times while she screamed: “Leave me, you’re crazy, you’re going to kill me, help.”

His wife died at 2:30 the following morning at the 12 de Octubre hospital in Madrid.

According to the magistrate, the accused wanted to kill his wife because He considered that he had the right to impose his will when he believed that she had an extramarital relationship. and that he considered it necessary to protect his granddaughters.

Furthermore, it has been proven that at the time of committing the acts, the accused suffered from jealousy delusions – a delusional disorder of persistent ideas – which nullified his abilities, as the jury confirmed.

After hearing the verdict of the popular jury on September 20, in the subsequent Hearing, the prosecutor accepted that a complete defense be appreciated instead of an incomplete one, which was what she defended during the trial because she considered that had his abilities “altered” and not “nullified”and that the maximum duration of the security measure was reduced to 12 years.

The defense lawyer, for her part, requested the acquittal of her client from the first moment.

He phone 016 serves victims of gender violence 24 hours a day, every day of the year. On this phone you will find the help of specialists in multiple languages. If you or someone you know is a victim of physical, psychological, sexual, economic or any other type of violence, call: the number is not registered on the telephone bill.

If you need urgent help, the Emergency teams will help you quickly at 112.

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