Crime of murder

The Supreme Court (TS) has resolved a very serious case that occurred in a nursing home in León. The convicted was aide of the center and the victim was a 98-year-old woman, with advanced dementia and total dependence, that is, a person who could not defend herself or understand well what was happening around her.

As it was proven, the aide first attacked the elderly woman (with physical and verbal assaults) causing her minor injuries. Then, in a much more serious step, she injected insulin in a lethal dose. That insulin, moreover, did not belong to the victim, it belonged to another resident of the center. The injection caused a very severe intoxication and the elderly woman died shortly thereafter. The medical cause of death was linked to severe metabolic encephalopathy resulting from that intoxication.

An important part of the appeal revolved around the evidence as the defense questioned whether the presumption of innocence and if it was valid to convict based on circumstantial evidence. The TS clarifies that one can convict with circumstantial evidence as long as those indications are accredited and assessed together, reasonably, without “fragmenting” them or analyzing them in isolation.

It was also discussed the role of the jury , the Court recalls that judicial review of the verdict exists, but not to replace what the jury has directly assessed, but to verify that the decision is rational and justified.

In criminal matters, the TS confirms that it is a murder with premeditation due to vulnerability (due to the total defenselessness of the victim) and also notes the special vulnerability due to age and illness. It considers that both circumstances are compatible and, therefore, sets the penalty of permanent revisable imprisonment. Furthermore, it upholds the conviction for minor injuries and the civil liability already established.