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Appeals Chamber orders immediate release of Marco Pablo Pappa, in prison for violence against women, but another process stops his release

The Second Chamber of Femicide Appeals ordered the immediate release of player Marco Pablo Pappa Ponceafter he reduced his sentence for violence against women, for which he was in prison.

Pappa’s sentence was 5 years incommutable, but Said Chamber deducted the sentence to 60 days of arrest for misdemeanors to people.

Since Pappa has already served more than 60 days in prison, the magistrates of the Second Femicide Appeals Chamber ordered her immediate release.

Marco Pappa’s lawyer, Gustavo Juárez, confirmed the resolution of the Second Chamber that orders the soccer player’s freedom, but says that he must remain in Mariscal Zavala, since another similar process is pending in Quetzaltenango.

The sentence reads: “The defendant Marco Pablo Papa Ponce is sentenced to a misdemeanor against persons, and a sanction of sixty days of arrest is imposed, commutable at the rate of thirty quetzales for each day not served. Finding the defendant in preventive detention and having exceeded the imposed time of arrest, his immediate release is ordered and the first-degree judicial body must issue the corresponding order.

In the appeal presented by Pappa, it was established that the legal requirements demanded by article 50 of the Penal Code were not met and that article 51 of the Penal Code does not prohibit it.
same legal system, for which he requested that the ruling be revoked and, as a consequence, that he be granted the criminal substitution that he requested in the minimum range of Q5 per day, taking into account the circumstances of the facts and his precarious economic conditions.

The document reads that the defendant stated that the decision being appealed caused him “enormous damage, for having been convicted based on proven facts that do not fit the factual assumptions contained in article 7 of the Law Against Femicide and Other Forms of Violence against Women, which regulates the crime of violence against women in its physical manifestation, which violates the principle of legality and the exclusion of the analogy regulated by our substantive criminal law, which forces him to serve an illegal sentence and unfair.”

“This Chamber, when analyzing the special appeal, for the substantive reason invoked by the appellant Marco Pablo Papa Ponce, regarding the tort that harms him, by pointing out that the Sentencing Court, when sentencing him, erroneously applied a criminal norm that did not it was the correct one in accordance with the facts accredited in the ruling issued against him; Indeed, it is established that the challenger is right, by virtue of the background information provided on the history of the case that was tried and materialized on the means of evidence that were provided and processed in the adversarial trial, when read in the ruling , it was determined that a relevant fact of a violent nature is not imbued in the physical form of a human action against a female, as the Judge stated that it has happened to the victim when resolving the case judged to qualify that the accused committed a crime of physical violence against women in the private sphere” reads the resolution.

The resolution is signed by the lawyers Rafael Morales Solares, presiding magistrate; Franc Armando Martínez Ruiz, member I; Fredy López Contreras, member II and Gladys Rocio Montufar Ramos, secretary.

Sentence

The soccer player was sentenced to five years in prison on February 14 for violence against women.

On that date, Pappa had already been in preventive detention for one year and eight months.

The footballer’s defense said on that occasion that it was not worth filing an appeal, but rather waiting the seven months for Pappa to obtain his freedom and rejoin the sport.

They explained that although the sentence is not final, Pappa has been serving a sentence of one year and eight months and the sentence was five years incommutable, that is, he has to do half plus one day, so there were seven months left.

Read also: Marco Pablo Pappa exposes his version of the facts before a new complaint from Aparicio

Pappa has previously been convicted of the same crime. On January 7, 2020, he was sentenced to five years in prison, commutable to Q5 per day.

On that occasion, he was sentenced by the Quetzaltenango Femicide Court, where Pappa accepted the commission of the crime and received an abbreviated trial.

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