Could Daniel Sancho be sentenced to death?

Specialist lawyers analyze the legal doubts that arise in the case of Daniel Sancho, accused in Thailand of the murder of Edwin Arrieta.

Daniel Sancho Bronchalo is in Thailand, accused of the murder and subsequent dismemberment of Colombian surgeon Edwin Arrieta. The latter, added to the fact that the death penalty is in force in the Thai Penal Code, has caused many people to wonder if Daniel Sancho could be sentenced to death in the Southeast Asian country.

On the one hand, in Thailand, since 2018 no person who has been sentenced to death has been executed, since it is often commuted to life imprisonment. On the other hand, according to figures from Amnesty International, in Thailand a total of 195 people have been sentenced to death, most of them for crimes related to drug trafficking.

Referring to the Thai legal system, article 288 of its Penal Code establishes prison sentences of 15 to 20 years or life imprisonment for homicides. Next, article 289 provides that, for aggravated homicides -premeditated murder, murder of an agent of authority in the exercise of his functions, and murder with torture or cruelty-, capital punishment will be applied.

Daniel Sancho is not the only Spaniard arrested in Thailand accused of murder, the closest precedent is Artur Segarra, who was sentenced to death in 2017 for the kidnapping and premeditated murder of David Bernat. However, Segarra was pardoned by the Thai monarch, and his sentence was commuted to a life sentence that he is currently serving.

Therefore, in the hypothetical case that Daniel Sancho is sentenced to death for the murder of Edwin Arrieta, it is probable that, following a petition for clemency by the convicted person, his sentence will be commuted to life imprisonment