• Politics: Congress approves regular euthanasia by law with 201 votes in favor, 140 against and two abstentions
  • Euthanasia. The man who helped his wife die throws his message: "I did not get euthanasia, let it be for others"

The investigation of Ángel Hernández , the man who helped his sclerosis terminally ill wife, María José Carrasco , die, will continue for the moment in a Court of Violence on Women after the Supreme Court has refused to admit his appeal for a technical issue. .

The high court has not begun to debate whether the death, which occurred on April 3, is or is not a case of sexist violence, but has dictated its resolution based on a merely formal matter, legal sources indicate to Efe.

A decision that occurs almost a year after the death of María José Carrasco, which fueled the debate on euthanasia, and at a time when Congress gave the green light a few weeks ago to the first parliamentary filter to regulate it.

In his order, dated January 16, the Supreme Court dismisses Hernández's appeal against the decision of the Madrid Hearing that confirmed the jurisdiction of the court number 5 of Violence on Women to investigate him for a crime of cooperation in suicide by considering that there was a lack of evidence to conclude that it is not a case of sexist violence.

The Supreme Court indicates that this decision is not appealable in cassation because, according to the law, "definitive orders" may be appealed when "they imply the termination of the process for lack of jurisdiction" or file, and when "the case has been directed against the prosecuted by means of a judicial resolution that supposes a well-founded imputation ".

Formal requirements that, according to the court, does not comply with Hernández's appeal, which in practice implies that the case will continue to be instructed at that specialized court for the moment, which has already taken statements from several witnesses and has a psychosocial report that indicates that María José Carrasco was aware of her will and able to decide, according to the sources.

Hernández's defense, exercised by lawyer Olatz Alberdi , is "disappointed" with the decision, in his wrong judgment, of the Supreme Court and believes it was "important" that he had shown his position on a case in which, he insists, is missing that requirement of violence necessary for said court to be competent.

"Express, manifest and patent desire"

The Office of the Prosecutor also opposed, which saw a treatment of "cooperation and assistance to an express, manifest and patent desire" of women. However, in the procedure at the Supreme Court, the prosecutor asked for inadmissibility by also estimating that the matter was not appealable even though he initially considered that Angel Hernandez was entitled to appeal.

The investigation initially fell to the investigating court 25, although Violence against Women was inhibited, whose owner refused to assume it, considering that the deceased expressed to her husband "in a serious and unequivocal way" his intention to end his life.

However, the Hearing sent him again in case. According to that resolution, at that time there was no information among the documentation such as the pendrive with the images in which Carrasco expresses his desire to die and the express consent to ingest a substance.

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