The Provincial Court of the Balearic Islands has sentenced the woman accused of setting a fire in a house in Ibiza that killed a 77 year old man while he was sleeping to life imprisonment. The presiding judge of the Jury Court has issued a sentence that reflects the guilty verdict issued by the jurors, who considered it proven that the accused acted deliberately, taking advantage of the special vulnerability of the victim.
The facts date back to 2023, when the defendant gained access to the house using a key that she knew because she had maintained a sentimental relationship with the son of the resident couple. According to the sentence, the woman set fire to the property during the night, while the occupants were asleep, with the intention of ensuring a lethal result without taking any risk of her own and preventing the victim from escaping the flames. The court considers it proven that the deceased was a particularly vulnerable person due to his age and state of health, a circumstance that aggravates the criminal liability of the defendant.
The judge imposed the penalty of permanent revisable imprisonment for the crime of murder with malice aforethought on a particularly vulnerable person in competition with a crime of arson. The resolution specifies that the convicted person will not be able to access the third grade of prison until she has served fifteen years of effective imprisonment, and that she will not be able to enjoy any leave of absence until she has spent at least eight years in prison. Likewise, she will be able to request the suspension of the execution of the sentence only after serving twenty-five years of sentence and provided that the requirements established in article 92 of the Penal Code are met.
Although the court appreciates the simple analogical mitigating circumstance of psychic alteration, since the defendant suffers from a schizoaffective disorder, it points out that this circumstance does not modify the sentence imposed. The reason is that the revisable permanent imprisonment does not have a range that can be individualized downwards, so that the mitigating circumstance does not influence the length of the sentence.
As regards civil liability, the sentence states that the defendantmust compensate the widow of the deceased with 86,484.01 euros and each of the three children with 62,268.49 euros. She will also have to pay 48,201.07 euros and 179.38 euros for the damage caused to the burnt property. These amounts are detailed in the court document provided.
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The Jury Court concluded that, despite the mental disorder she suffers from, the defendant’s capacities were not completely nullified when she committed the acts, and therefore she maintains full criminal responsibility. The verdict emphasized that the defendant had prior knowledge of the house and that she took advantage of the fact that the occupants were asleep to ensure the fatal outcome.
The sentence is not final. The defense of the defendant has ten days to file an appeal before the Civil and Criminal Chamber of the Superior Court of Justice of the Balearic Islands.
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