The number 3 court of the Instruction Section of the Court of First Instance of Marbella (Málaga), which was on duty this Wednesday, has ordered the provisional imprisonment, communicated and without bail of the man arrested for the death of his partner, a 35-year-old trans woman, in San Pedro de Alcántara, a population center belonging to the Málaga municipality of Marbella.
According to sources from the Superior Court of Justice of Andalusia (TSJA), despite the fact that the victim was a trans woman, the case will be processed in a court of the instruction section and not in a court of violence against women, as her registration in the Civil Registry with the new female identity has not yet been recorded, a legal requirement essential for such jurisdiction to apply.
The detainee is initially attributed a presumed crime of homicide, according to the same sources. During the hearing held this Wednesday in the duty court, the accused only answered questions posed by his defense lawyer.
In his statement, he acknowledged that he had been in a romantic relationship with the deceased for three months, whom he has always considered a woman, and recounted that the fatal outcome occurred in the context of a physical fight between the two.
The woman lost her life after receiving a stab wound to the chest. The duty judge has agreed to refrain in favor of court number 2, which, being on duty at the time the events occurred, will assume the continuation of the judicial instruction.
The crime occurred last Sunday, although the alleged author was not arrested until this Monday, after confessing to the Police his involvement in the events.
According to the initial investigations, the victim and the accused lived together in the same home and arguments between them were frequent. Knowledge of the homicide originated from a citizen's alert.
In addition, the presumed murderer, 58 years old, and his deceased partner had reportedly filed mutual complaints for an assault on August 1.
As indicated by the TSJA, both were transferred as detainees to court number 1 of the Instruction Section of the Court of First Instance of Marbella, but neither of them wanted to ratify the complaint, so the urgent proceedings opened by that judicial body had to be archived.