The owner of the court in Madrid that instructs the case for the death of María José Carrasco, the terminal patient with multiple sclerosis who committed suicide last Wednesday with the help of her husband Ángel Hernández, has been inhibited in favor of the court of violence against the woman, as reported to this newspaper Olatz Alberdi, counsel for the defendant. She has taken the decision, always in the words of the lawyer "based on the latest jurisprudence of the Supreme Court, which says that" court "is competent" for the sole fact of being a man against a woman, without going to assess the intentionality "
Article 44 of the gender violence law establishes that the courts of gender violence will know "of the instruction of the processes to demand criminal responsibility for the crimes included in the titles of the Penal Code related to homicide (…) provided that they had committed against whoever or has been his wife, or woman who is or has been linked to the author by analogous affective relationship ". Assisted suicide is included in article 143 of the Criminal Code, which is included in the homicide title.
Ángel Hernández recorded in a video the process by which his wife ratifies his desire to help her to die and the moment in which he approached her with a glass of sodium pentobarbital that she had acquired on the Internet when she could still use something By herself. She tried to take her life years before and he prevented it. Then they agreed that he would help her when she asked for it.
The one of Ángel Hernández is the first case of a relative who makes public the attendance to the suicide and faces a judicial cause. Now it will be before the courts of gender violence.