Sentencia nº 358 de Tribunal Supremo de Justicia (Número de Expediente: C16-208)

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The Court ratified the decision made by the Second Court of the Criminal Judicial Circuit of the State of Amazonas by which the lower court declared the accused guilty of criminal violence, instead of a frustrated femicide attempt, as per the plaintiff complaint. The victim declared to the competent authorities that she was in her bed when her husband came to the house to spend time with his children. However, once inside the house, he started to hit her. During the fight he tried to kill her using a pillow. The victim’s brother arrived to the house just at the moment that the defendant was asphyxiating the victim. The victim’s brother pushed the man away from her, saving her life. In the reasoning for its decision, the Court considered that, even though all the evidence that the plaintiff presented to the lower court seemed to be sufficient to determine that the crime committed was in fact “frustrated femicide attempt,” the Court could not change the lower court’s decision and admit the frustrated femicide attempt because the attorney representing the plaintiff did not include in the file of its appeal petition the evidence necessary for such categorization.



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