The Prosecutor's Office has opposed Daniel Sancho being extradited from Thailand to Spain to stand trial. The defense of the son of the act Rodolfo Sancho is trying by all means to have the young man placed at the disposal of the Spanish authorities and thus avoid his trial for murder in Thailand.
The way to do it is a case that Sancho has pending for an alleged crime of injuries and that is pending prosecution. His lawyer had requested that he be extradited to Spain to face the injury trial and from there try to have him stay in a Spanish prison.
However, the Prosecutor's Office has opposed this approach and warns that there is not even a date set for the oral hearing.
The representative of the Public Ministry argues that there are “alternative” measures to the extraction that would allow the trial to be held and also explains that “there is no evidence” that the accused's stay in Thailand seeks to escape from Spanish Justice because “he has always been within reach.” disposition of the Court in all the locations received.”
Sancho faces the death penalty in Thailand for the premeditated murder of surgeon Edwin Arrieta on the island of Phagan, as detailed by the deputy director of the Thai Police, Surachate Hakparn, after carrying out the investigation. From what is known so far, Sancho, who had a relationship with Arrieta, killed him and then dismembered him. It was Sancho himself who reported the disappearance of his friend to the police station.
His defense is trying to ensure that the young cook can be handed over to Spain and thus avoid Thai prison. The lawyer has used the matter that is pending in his country to be handed over, something that the Madrid Provincial Prosecutor's Office has opposed.
Sancho had a procedure open for a crime of injuries in which the Prosecutor's Office had requested in its indictment a sentence of one year in prison, as well as the payment of civil liability derived from the commission of the crime. Subsequently, on November 30, 2021, the Investigative Court number 21 of Madrid issued an order to open the oral trial, which was notified to the accused personally, so all that remained was to set the date for the start of the oral hearing.
Without any action having been taken by the Court for a year and a half, on September 8, Sancho's procedural representation indicated that he has been in provisional prison since August in Thailand, for which reason he requested that the corresponding procedures to request active extradition and delivery to the Spanish judicial authority.
For its part, the Prosecutor's Office recalls that in the procedure opened in Spain, no reasoned prison order has been issued in any procedural phase, "nor is it possible at the present time to request it", given that the sentence requested is less than one year. and therefore the sentence could even be replaced by a mere financial fine.
For the Prosecutor's Office, there is no requirement to request his extradition, such as if he had fled to a foreign country. At the same time, he alleges that given that his presence has not been required since he was notified of the indictment and that the trial has not been scheduled, “there is no evidence that his stay in Thailand is due to a desire to escape from the action.” of justice.”
The Public Ministry recalls that, “currently”, the only current agreement between Spain and Thailand is the Agreement between the Government of the Kingdom of Spain and the Government of the Kingdom of Thailand, on cooperation in matters of execution of criminal sentences, “which It is only applicable, in accordance with its article II, to situations in which the person whose transfer is requested has been declared guilty and sentenced.” Hence, any request for international cooperation would be made under the principle of reciprocity.
Based on this principle, the Prosecutor's Office maintains that other instruments of international cooperation with the Kingdom of Thailand outside of extradition can be used in order to achieve the availability of the accused in the procedure, since, being in a situation of provisional detention , “is easily located by the judicial authorities of said country.” Among them would be the holding of the trial through the videoconference system, the temporary transfer of the detainee for the sole purposes of his trial in Spain or "any alternative measure, taking into account the principle of reciprocity that would be in force between both kingdoms."
