They ordered three months of preventive detention against father accused of killing his son
posted on: Jan 13 2012 8:12 by RDugey. Viewed 15 times.Judge of the instruction of the district judiciary of the province Bahoruco, Carmen Pérez Gell Maria, imposed three months of pre-trial detention as a measure of coercion against Leopold Medina Nova accused of killing his son Ariel Nova de los Santos, in the community in the municipality of Tamayo, Uvilla.
Immediately, the defence, Marcos Recio Mateo, lawyer expressed that the decision will be appealed alleging that the violated several articles of the criminal procedure code and the Constitution, as against a person which exceed 70 may not order imprisonment.
Said that he deposited an act which demonstrates his defendant was born in the 1939 (is 73 years old) and that, despite the fact that it was not legally be prevented, the judge took the decision.
Counsel cited article 234 of the code of criminal procedure, which indicates that "not you ordered the pre-trial detention of one person of seventy years, if deemed" u000athat, in case of conviction, it is not taxable one heavier sentence to five years of deprivation of liberty. "Nor comes to sort it at the expense of pregnant women, breastfeeding mothers or people affected by a serious and terminal illness".
He said that the Court of appeal should review the extent of the judge's instruction to determine its allegations, to the Dominican legal rules are not violated.
The accusedwas sent to the prison of Neyba. Recalls that yesterday was not brought to the Court by problems of health

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