THE HOMELAND | Manizales
A Manizales court had sentenced Montaño to pay 7 years in prison for attempted feminicide out of anger and intense pain.
The sentence was presented in 2019, but the Attorney General’s Office did not like that decision, which requested the annulment of the process and the Superior Court had to decide.
For the Criminal Court, the Public Ministry was right and that is why, in 2022, the process had to be restarted from the stage in which The Prosecutor’s Office charged the subject with attempted aggravated feminicide, which represents an increase in the sentence.
uncontrolled energy
In the early morning of August 21, 2017 In the Panorama neighborhood of Manizales, Montaño attacked his wife, in front of his son, causing her about 30 wounds.
The minor went out into the street looking for help and met some police officers, who captured the subject in flagrante delicto.
Two years later, a sentence was handed down against the aggressor, who had no criminal record. The Seventh Criminal Court allowed him to pay the sentence at home and study.
After the Court’s ruling, the judicial process had to be initiated again and under a different crime.
In November of last year, Montaño accepted charges and a week ago, the Third Criminal Court of Manizales carried out the verification of charges. The sentence will be announced on June 25.
Ask to remove the violence
The attacker’s lawyer asked the judge to take into account different aspects so that the maximum penalty is not applied.
He stated that no violence was committed because he did not act with cruelty, cruelty or moral insensitivity, and his objective was not to make his victim suffer unnecessarily.
This defender resorted to a ruling from the Supreme Court of Justice, which states that the number of blows (stabbing on this occasion) or the intensity of the aggression may be a reflex act or reaction that cannot be confused with brutality.
He added that the testimonies of eyewitnesses show that Montaño did not act coldly and was overcome with anger, as he was in a state of excitement that surprised them and was “emotionally uncontrolled.”
Likewise, he requested that once the sentence is imposed, the time spent be taken into account. The aggressor has paid detention since he was captured in August 2017, as well as house confinement and discounts obtained for teaching.
The feminicide
Whoever is found guilty of the crime of femicide can face between 21 and 40 years in prison. For attempted feminicide, the penalty will be half, depending on the degree of severity.
The law Rosa Elvira Cely
According to this law, It is understood as feminicide when the death of a woman occurs due to her condition as a woman, her gender identity. or when there have been some circumstances that are explicitly outlined, such as the existence of a family or friendship relationship, or sexual or patrimonial violence, among others. This increased prison sentences and reduced the benefits of feminicides.
Reinforcement against feminicides
The Government signed a law through which criminal benefits and subrogations are eliminated for those convicted or accused of crimes of feminicide.
The Minister of Justice, Néstor Osuna, and the Vice President and Minister of Equality, Francia Márquez, sanctioned this law already approved by Congress and which withdraws all criminal benefits, such as probation, house arrest or reduction of sentences by collaboration when the crime of the accused or convicted is feminicide.
People convicted of feminicide, who had already lost benefits such as 72-hour releases or home detention when they have served most of the sentence, They will also lose other benefits, so they will have to serve the entire sentence in prison.
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