The appeal questions the sentence due to alleged violations of fundamental rights and serious procedural irregularities. The crime, which took place in the early hours of October 5, 2022, resulted in the death of a 21-year-old and serious injuries to three others, in an attack with firearms and bladed weapons near a nightclub in Fuenlabrada. The popular tribunal found Joaquín D. to have acted as the instigator of the attack.
The Public Prosecutor's Office argues that the judicial resolution did not fully respect the jury's verdict, incorporating facts declared unproven and omitting others that were established. The Prosecutor's Office considers this action to be an infringement of procedural rules and guarantees, leading to defenselessness for the accused.
“"The judicial resolution did not fully respect the jury's verdict and violated the principle of completeness of proven facts."
The appeal requests the annulment of the sentence issued on April 27, 2026, by the Seventh Section of the Provincial Court of Madrid, asking for the proceedings to return to the court for a new ruling.
The defense of Joaquín D., convicted in May 2026 as the instigator of a completed murder and three attempted murders, has also challenged the resolution. It requests the annulment of the trial and a new oral hearing, arguing that fundamental rights of the accused were violated during the proceedings. It denounces an alleged change in the court's composition and deficiencies in the trial records.
The defense questions the court's refusal to admit a key witness and doubts the reliability of telephone positioning data, arguing it only places a terminal within a wide coverage area. Alternatively, it seeks acquittal or a review of the life sentence with review.
