Marta Calvo's father appeals the sentence and requests reviewable permanent prison for the murderer

A policeman removes the handcuffs from the murderer in one of the trial sessions. / JESUS ​​SIGNES

The private prosecution considers that the defendant should also have been convicted of a crime against moral integrity caused to the parents of the victim

Marta Calvo's father has filed an appeal before the Superior Court of Justice of the Valencian Community, considering that the magistrate of the Provincial Court of Valencia should have imposed permanent reviewable prison on the murderer of his daughter, and also convicted him of the crime against the moral integrity caused to the parents of the victim.

According to the appeal, the sentence improperly applies the article of the Criminal Code that regulates the reviewable permanent prison sentence. having convicted him of the crime against the moral integrity caused to the parents of Marta Calvo.

Sergio Calvo's lawyer states in her brief that, despite the seriousness of the sentences imposed, which add up to a total of 159 years and 11 months in prison, "being Marta Calvo the third of the murder victims, it is appropriate to impose permanent prison reviewable to the Mister Palma Jacomé».

The presiding magistrate of the Jury Court dismissed the possibility of imposing the reviewable permanent prison by arguing that it can only be imposed on the murder defendant "who had been convicted of the death of more than two people", adding that the law "uses the verb tense of the pluperfect preterite, also called antepreterite, which can only be interpreted with respect to someone who had been sentenced previously.

The murderer of Marta Calvo appeals his conviction

However, the private prosecution representing Marta Calvo's father qualifies as "improper application" of article 140.2 of the Penal Code "because it considers that, Marta Calvo being the third of the victims of murder committed by Jorge Ignacio Palma, successively and with a modus operandi, it is appropriate to impose the reviewable permanent prison ».

Lawyer Candela Estévez explains in the appeal that, although "the use of the preterite pluperfect subjunctive seems to place these sentences in the past tense (from a grammatical point of view), said verbal tense is used to express actions that took place before a moment determined from the past or actions that could have taken place in the past under other circumstances. Candela Estévez belongs to the Ilocad office, a law firm founded and directed by former judge Baltasar Garzón.

In addition, Mata Calvo's father's lawyer considers that the defendant should be sentenced for the crime against moral integrity. "In order to undermine the moral integrity and dignity of the next of kin, it is not a 'conditio sine qua non' for the accused to give different versions of the whereabouts of a daughter's body, as happened in the case of Marta del Castillo," claims the appeal,

“We cannot wait for all the factual circumstances that took place in the case of Marta del Castillo to come together in order to apply the jurisprudence that began with the Supreme Court ruling in that case, and that has already been applied by other courts,” add writing.

The private prosecution emphasizes that there are many ways to “provoke greater pain and anguish to parents due to the death of a daughter, to the point of undermining their dignity or offering them degrading treatment, unrelated to self-concealment”; and that is what Estévez understands has happened in the case of Marta Calvo.

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