The private prosecution, representing the victim's family, has lodged an appeal before the Supreme Court. This step seeks to overturn the National Court's decision, which sentenced the person responsible for the attack to internment in a psychiatric prison for a maximum of 30 years, applying a complete exemption due to mental alteration.
The private prosecution's lawyers argue that the accused's volitional capacity was not completely annulled at the time of the events. Furthermore, they maintain that the incident, which occurred on January 25, 2023, should not be classified solely as murder, but rather as having terrorist motivations.
“"The National Court considered it proven that the accused presented «a schizophrenic affiliation with acute psychotic decompensation with affective and behavioral inapplication» at the time of the events, which «annulled his intellectual and volitional faculties»."
This new judicial phase in the Supreme Court comes after a previous appeal to the National Court itself was rejected. On that occasion, the Appeals Chamber confirmed the initial ruling, which dismissed terrorist motivations, considering that a «serious alteration of public peace» or a «state of terror in the population» was not proven.
Both the Prosecutor's Office and part of the popular prosecution have joined the appeal, indicating a persistence in seeking a criminal classification that includes the terrorist component in the attack that shocked Algeciras.
