According to the consolidated jurisprudence of the Court of Appeal, the determination of civil compensation cannot exceed the compensation amount without considering the economic consequences of the crime, considering that the Public Prosecutor had requested the amount of 100,000.00€ for each of the assistant prosecutors.
The defense argues that the use of the service weapon does not eliminate the presumption that the defendant acted freely and voluntarily, and there is no justification or exclusion of culpability. It appears, however, that the lower court adequately weighed the criteria for determining the sentence, taking into account the defendant's service record, the absence of criminal record, cooperation with the investigation, and the context of accumulated professional stress.
The applicable penalty framework, being the most serious in the catalogue of offenses, already demonstrates recognition of the extreme gravity of the act. The increase to four years of imprisonment, as requested by the Public Prosecutor, would not find sufficient legal basis, as it would violate the principle of proportionality.
The defense therefore requests that the appeal be dismissed and the appealed sentence be maintained in full, with all resulting legal consequences.
