The head of the Santander Court of Investigation No. 4 agreed to a temporary detention and without bail of a young man detained for an aggression committed last Thursday by a doctor and caretaker at the Los Castros Medical Center in Santander.
In a ruling issued after the detainee, having exercised his right not to testify, was taken to court, the justice of the peace found that there were “sufficient grounds to believe that the person under investigation was criminally responsible for the facts, since he was identified at the police station for two woundeddoctor and caretaker– against which, presumably, the detainee first reacted when he was told that he should go to his polyclinic for treatment of a minor condition.
This version is also supported by two nurses who were present at the scene when the person under investigation was heading to the first-aid post for treatment. According to all of them, the young man “reacted violently to the guard whom he hit, and later to the former doctor who came to the aid, whom he brutally attacked.”
Requests for imprisonment
The decision of the justice of the peace is motivated by the presence of elements that justify the measure of restriction of the personal freedom of the detainee. On the one hand, the facts set forth in the complaint may constitute the offense of assault, and on the other hand, bodily harm, even under aggravating circumstances, given the emergency report of the victim.
“The mechanics described in the complaint and in the testimony taken by the police from the victim and witnesses, in which the defendant hits the medic with his head and, already lying on the ground, inflicts up to nine blows on him. with a clenched fist to the face, could well justify the aggravation that causes the defense, due to the viciousness and redundancy of the attack, and the danger inherent in the action, since all blows are directed to the head, seriously damaging such an important organ as the eye, ”indicates he is in his car.
Along with this, there is another requirement of pre-trial detention, namely, ensuring the presence of the accused in the process in order to avoid the risk of absconding.
In this sense, the order states that “it is estimated that this circumstance coincides because of the high punishment that can be imposed” and also “because the person under investigation has been missing for a week.” “This already speaks of the reluctance to undergo the procedure and its results,” he adds.
Finally, this restrictive measure is also intended to prevent the party under investigation from continuing to act against the legitimate interests of the victims. And it lies in the fact that, according to the justice of the peace, “this danger is especially pronounced in view of the obvious insecurity in which the two injured parties are”, namely, that “complaints of aggression, insults and threats against health professionals in the SCS.
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