A man charged with domestic violence for allegedly threatening and abusing his mother for the past 15 years on an almost daily basis was acquitted of the crime by a Braga court, taking advantage of the victim’s silence at trial.
In the July 6 verdict, which Lusa had access to this Saturday, the court emphasizes that, in addition to the mother, the defendant’s brother also refused to testify, so it was not possible to collect evidence for a guilty verdict.
“The actual and lawful refusal of the mother and brother of the defendant to testify resulted in a strong and obvious limitation in the establishment of the facts in the case, especially since there were no other witnesses who directly testified to the facts, and that the defendant did so. do not provide any information about them. declarations,” the decision says.
He adds that the reading of testimony given during an investigation or briefing by witnesses who reasonably refused to testify at the hearing is prohibited.
“It follows from this that the content of the testimony given by the mother and brother of the defendant during the investigation stage cannot be assessed,” he also says.
Thus, the 44-year-old defendant was acquitted of the crime of domestic violence and three aggravated crimes, in the latter case against his brother.
According to the prosecutor’s office, threats and insults took place at home or in a cafe run by the mother whenever she refused to give him money to satisfy his addiction to alcohol and drugs.
The defendant was also accused of insulting a PSP agent, but he withdrew the complaint.
The agent also expressed his readiness to withdraw the statement about the threat of aggravating circumstances, but the court did not accept and convicted the defendant for this crime.
The defendant was also found guilty of driving without a license.
As a legal culmination, he was sentenced to one year in prison with a suspended sentence, but with a probationary regime, in accordance with a social reintegration plan aimed at his professional integration and social integration, as well as his final removal from drug and alcohol use. , too much.
He is also obliged to continue his treatment at the Projeto Homem.
Author: Portuguese
Source: CM Jornal
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