2023-12-11 23:49:46
This Monday the caesura hearing for the Valdebenito case was held. The prosecutor’s office requested an effective sentence, while the defense requested one of conditional compliance. Next Monday, The judge will announce the sentence.
The prosecutor of the case, Martín Pezzetta, He requested a sentence of four years and six months in effective prison. He highlighted that “the crime provides for penalties ranging from two to six years in prison and that according to the precedents applicable to the case sand should start from a middle point “I entered the minimum and the maximum and from there analyzed mitigating and aggravating circumstances to evaluate the amount of the penalty.”
Furthermore, he added that the modality with which the act was committed presupposed a form of aggravating circumstance, as well as considering that “the accused had not internalized or taken into account the seriousness of what happened nor the consequences of the attack for which he was found guilty by the popular jury.
For his part, the defender, Cesar Masseta, stated that The legal minimum of the case, which is two years in prison, had to be applied. He stressed that Fernández does not have a valid criminal record, which is why the sentence had to be suspended. He argued that the purpose of the sentence is to seek the resocialization of the convicted person and that this had already begun to take place since the young man returned to work in the same place where he worked before being arrested, “He resumed his family dynamics and relationships and plans to begin his university studies.«, he stated.
Masseta stated that the young man Throughout the trial he had shown his regret“since during the trial he apologized for what happened to Valdebenito’s family and that they also sought at all times to avoid the re-victimization of those close to him,” he said.
Valdebenito crime: Fernández was found guilty of homicide in a fight
The trial judge, Alejandra Berenguer, who directed both the liability trial that led to the verdict of the popular jury, as well as this caesura stage, He announced that he will announce the sentence on Monday, December 18 at 1:30 p.m.
David Fernández was found guilty of homicide in a fight by a popular jury on November 8. The investigated event occurred on December 28, 2021 around five in the morning.
Under these circumstances, the accused, along with two other people who have not been identified so far, attacked the victim with a sharp weapon. Valdebenito died as a result of multiple cut wounds.
The attack occurred in a vacant lot located in Peru and Pastor Bowdler de Cipolletti, where the victim spent the night, since he was homeless.
The accused was detained in preventive detention during the process, although following the verdict of the popular jury he regained his freedom since he might receive a conditional sentence.
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