SANTA LUZIA – The court sentenced a 35-year-old cardiology doctor to four years of imprisonment, in a semi-open regime, for the practice of a libidinous act against the will of the victim, the woman, his patient in the office of the Jonas Neres health center. , in Santa Luzia, interior of Maranhão.
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The sentence was handed down by the judge of the 2nd Court of Santa Luzia, Ivna de Melo Freire, and was issued in the trial of the complaint presented by the Public Ministry against the doctor, who alleged the judge’s partiality in the trial and asked for the nullity of the act, stating that could be used as evidence in the process.
According to the complaint made by the Public Ministry, on December 9 of last year, the cardiologist, on the pretext of carrying out tests to diagnose a complaint of abdominal pain, palpated the woman’s private parts, hugged her and tried to kiss her neck.
The victim reacted, pushed the doctor and managed to leave the office. Upon arriving at his residence, he called the police and the doctor was taken to the local police station, but he denied the crime, according to the police report registered with the Civil Police.
The facts narrated were pointed out that indicate the practice of the crime provided for in article 215 of the Penal Code: “Having carnal intercourse or performing another lewd act with someone, through fraud or other means that prevents or hinders the free expression of the victim’s will”. The Public Prosecutor’s Office asked for the doctor’s conviction in accordance with articles 396 et seq. of the Criminal Procedure Code.
“The consequences of the crime were the worst possible for this type of crime, both for the victim and for their family members, and it is certain that the traumas of the crime will echo for a long time in the minds of the victim and their family members, including interfering in the next ones. relationships between doctor and victim as patient; at the same time that one cannot think about the victim’s behavior”, the judge recorded.
The magistrate considered that the accused responded to the process in freedom in the face of a provisional decision of “Habeas Corpus”. And in view of the sentence applied and the regime for serving the sentence, she understood that there were no grounds for declaring the arrest of the convict, who should remain free to appeal the judicial decision.
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