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Santo Domingo.- he Ana Josefa García Cuello, the military doctor accused of beheading her six-year-old daughter, could be declared “not responsible”, lawyer Felix Portes explained this Saturday. If it is confirmed that he suffers from schizophrenia, the provisions of Articles 374, 375 and 376 of the Criminal Procedure Law shall apply.
As a mandatory measure, the woman is serving 12 months’ preventive detention pending the outcome. A doctor confirms or rules out a mental health condition.
Meanwhile, the Ministry of Public Affairs has provisionally classified the incident as premeditated murder and arson, as provided for in articles 295, 296, 297 and 304 of the Dominican Criminal Code. García Cuello will observe this measure at the Najayo Women’s Prison Center.
It is recalled that Ana Josefa García Cuello, a doctor by profession and member of the Army of the Dominican Republic, was arrested last Thursday, the 15th of this month, at her home in the residential area of Razón by the National Police. 1, from the Isfapol area, in the municipality of Santo Domingo del Este, in flagrante delicto.
Articles 374, 375 and 376 of the Criminal Procedure Code
Article 374– Origin. When the prosecutor or the complainant considers that the application of security measures is appropriate due to the defendant’s special personal circumstances, they will request this procedure in the form and conditions specified in the charge, stating the background and the circumstances that prompted the application. The defendant may request the application of this procedure.
Article 375.-Special Rules. This procedure is governed by the General Rules, except for the exceptions provided for below:
1) When the defendant is incapable of acting, his powers shall be exercised by his legal representative, otherwise by the judge or a person appointed by the court, and all proceedings shall be conducted by that person, except for personal acts.
2) In the circumstances provided for in the preceding paragraph, the defendant’s legal representative or designated agent, in his absence, may make such defense comments as he deems appropriate.
3) This process cannot be combined with other common processes.
4) When it is not possible or inconvenient for reasons of order due to the accused’s health, the trial will be held behind closed doors in the absence of the accused, in which case the accused is represented by his legal representative.
5) The purpose of the judgment is to provide for acquittal or for safety measures.
6) Rules concerning the simplification of criminal trials or the conditional suspension of proceedings do not apply.
Article 376.– Refusal. A judge or court may refuse to apply the special procedure on the grounds that the case is not impeachable and that the ordinary procedure is appropriate.
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