The Sixth Section of the Provincial Court has confirmed the provisional detention for a man who was arrested for a violent robbery in Lanzarote, considering that there is a "risk of flight" on the part of the accused, who requested that said precautionary measure be revoked.
Specifically, according to a ruling dated August 26, the man was arrested after a National Police officer saw "an hooded individual assaulting several people and exercising a great deal of physical violence against an elderly person in order to snatch a bag."
Said individual began "the escape" but was "intercepted by a passerby" and was finally arrested by the National Police officer "with the help of another Local Police officer", managing "between the two to reduce him."
"The facts that are imputed are serious"
After that, in a ruling dated August 2, the Investigating Court number 2 of Arrecife ordered the provisional communicated prison and without bail of the detainee. However, his defense appealed said decision requesting the revocation of the order and that, in any case, the appearance of the accused before the Court every seven days be taken as a precautionary measure.
In his appeal, the defense argued that the indications of criminality "do not coincide with sufficient reasons to order imprisonment, that "since 2011 his detainee has not committed any crime" and that "his personal circumstances ensure that he will not evade justice."
In this regard, the Sixth Section of the Provincial Court points out in the first place that "the facts that are imputed are serious" and that "they are connected with the possible commission of the crime of robbery, using violence, and a crime of injuries." In this sense, it specifies that the penalty for the crime of robbery ranges between two and five years of prison and that the crime of injuries can also carry the penalty of imprisonment.
In addition, it indicates that "the appellant now approached and deployed a violent and aggressive act against the victim." And it is that, she declared "how she struggled with the investigated when he tried to snatch the bag she was carrying, that he hit her with an open hand in the face, as well as two kicks, and that she dropped the bag when she saw people approaching."
"It is reasonable to presume the temptation to flee"
However, the chamber points out that, in its motivation, the investigating judge not only took into consideration the seriousness of the crime and the unquestioned indications that exist against the accused derived from the police report and the victim's statement, but also "the high penalty that the crimes entail (up to five years of prison", which he considers "relevant for the evaluation of the risk of flight."
"Because the greater the seriousness of the imputed crime, the more intense the temptation to flee can be presumed and the risk of flight is assumed without hesitation by this Court, since the seriousness of the penalty does not seem compensated by the possible existence of roots."
In addition, the Provincial Court points out that the investigation of the case has ended, having been issued an order on August 5 "by which the continuation of the previous proceedings is agreed through the abbreviated procedure, so that, since it is a case with a prisoner, the trial will take place on a nearby date."
