Belgian Walter Henri Maximilien Biot, 52, was found dead on the night of August 5, in the apartment where the couple lived in Ipanema, south of the state. Rio de Janeiro .
According to the autopsy reports, the death was caused by bodily harm.
“The crime was committed for a clumsy reason, abject feeling of possession that the accused had for the victim, subjugating him financially and psychologically, and not allowing the offended person to try to establish some level of independence from the accused, either economically or by establishing friendly relationships. with other people”, says part of the complaint offered by the MP.
According to the document, “the crime was committed using a cruel means: severe beating to which the victim was subjected, causing intense and unnecessary suffering. The crime was committed in such a way as to make it difficult for the victim to defend herself, who found her reaction capacity reduced by the ingestion of alcoholic beverages and medication for anxiety.”
New arrest warrant
Hahn, who had preventive detention ordered two days after the crime, had been free since last Friday (26).
The consul’s freedom had been granted by the 2nd Criminal Chamber of the Court of Justice of Rio de Janeiro (TJRJ). Judge Rosa Helena Penna Macedo Guita alleged the occurrence of “a flagrant excess of time for filing a criminal action”.
On Monday, however, the MP-RJ again decreed the pre-trial detention of the consul and reaffirmed that there was no loss of procedural deadline for filing the complaint.
“Law No. 11,419/06 — which regulates the electronic process — provides in its art. 5, § 3, that there are ten days of deadline for tacit subpoena. Therefore, only after the course of such a period of time does the tacit subpoena take place, and then the five-day procedural period begins to file a complaint regarding the arrested defendant, in accordance with the provisions of the Criminal Procedure Code in its article 46,” the agency explained in a statement.
Then, the Public Ministry said that the “dispatch of the subpoena” took place on the 19th of this month.
“But there is an essential difference between the ‘dispatch of the subpoena’ and the ‘receipt of the subpoena’. On 08/29, the prosecutor working in the aforementioned body ‘received the subpoena’. Thereafter, the period of five days for filing a complaint begins. On the same date, Parquet has already filed a complaint. Therefore, there was no loss of procedural deadline by the 1st PJ with the IV Jury Court”, he continued.
the case
The German consul in Rio de Janeiro, Uwe Herbert Hahn, had his arrest converted into preventive custody on the afternoon of August 7, after undergoing a custody hearing.
According to delegate Antenor Lopes, director of the General Police Department of the Capital, the consul claimed that her husband had fallen and hit his head.
“The body has multiple injuries and the cause of death is a trauma to the back of the head. We understand that his version is incompatible with the evidence produced by the expertise. Delegate Camila Lourenço, from the 14th Precinct (Leblon), understands that it was the case of a flagrant notification,” Lopes told CNN at the beginning of August.
At the time, the diplomat’s defense asked for the release of the arrest, claiming that he has consular immunity. Despite this, the Justice understood that the benefit does not apply to the case, as it is an episode outside the consular environment and without any relation to the functions performed by Uwe Hahn.
The German Embassy in Brazil and the Consulate General claimed that they will not comment and will await the end of the investigations.
Source: CNN Brasil
