In the legal scenario of Thailand, where the death penalty is a real option, the legal team of Daniel Sancho, who a month ago confessed to having murdered the surgeon Edwin Arrieta, is in a race against time to put together a defense that it could save your life.
The key to this case lies in a particular legal figure: “insurmountable fear.” According to Carmen Balfagón, spokesperson for the family, this motivation could be decisive for the Thai court. The “crystal cage” is the enigmatic term that Sancho alluded to, which, according to his defense, would indicate a psychological state that would “force” him to act in legitimate defense.
It is a legal approach that does not seek to exonerate Sancho from his responsibility, but to contextualize his action in a framework that may be more understandable, and therefore less punishable by law. In this sense, the defense suggests that this argument could be enough to commute the death sentence and reduce his sentence to a less drastic verdict.
If this line of argument is accepted, the Thai legal system could exchange Sancho’s death sentence for another sentence, perhaps a significantly lesser prison term. This change would not only be a huge relief for Sancho and his family, but would also set an interesting precedent in the Thai legal system, where the death penalty remains a reality for certain crimes.
Only the King of Thailand has the power to commute the death sentence, a gesture reserved for exceptional circumstances, as in the case of the Spaniard Artur Segarra. This prerogative of the monarch serves as a backdrop for Sancho’s defense. In order to avoid having to reach this point, Sancho’s family and defenders therefore face a daunting task: to convince the court that the circumstances of the crime justify a lesser punishment.
Although Daniel Sancho’s first statement is presented as a crucial element for his defense, Balfagón stresses the need to respect the protocols and procedures of the Thai police. “I am convinced that in the statement he tells the police and there are phrases that leak. Those phrases that are put into Daniel’s mouth have been told to us by the police,” she said.
