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Justice issued, on the morning of this Monday (31), an arrest warrant for former doctor Roger Abdelmassih to abandon house arrest and return to serve his sentence in Tremembé prison, in the interior of São Paulo. He was sentenced to more than 173 years for raping patients.
Abdelmassih had been at home since April 19. The arrest warrant was issued by the 3rd Criminal Execution Court of São Paulo. The police arrived at the former doctor’s residence, in the West Zone of the São Paulo capital, around 11:30 a.m.
On Friday (28), the São Paulo Court of Justice (TJ-SP) reversed the decision of Judge Sueli Zeraik, who ordered the former doctor to make house arrest for considering himself part of the group at risk of contracting coronavirus.
For the judges who are part of the Sixth Criminal Chamber of the Court of Justice, “the pandemic caused by the Covid-19 virus does not authorize, by itself, the anticipation of the progression in the prison regime” and the former doctor is serving a sentence 173 years in prison. in closed regime, not having the right to go from regime to open at this time.
The TJ responded to an appeal from the Public Ministry, stating that there is no care that the former doctor needs that he cannot have in jail.
The MP alleged that the recommendation of the National Council of Justice (CNJ) cited in the judge’s decision, which addresses preventive measures against the spread of Covid-19 in prisons, cannot be used to authorize the “unbridled release of prisoners.” .
Justice orders Roger Abdelmassih to return to prison
According to the MP, the prison where Abdelmassih was serving a sentence has no confirmed death from the disease and the decision to grant Abdelmassih house arrest did not consider the possibility that he was found in isolation within the prison where he was serving his sentence.
For the detainees, the 173 prison sentence for the sexual crimes to which Abdelmassih was sentenced, the fact that he has already simulated a disease, do not authorize the progression of the sentence.
Regarding the humanitarian house arrest, which would be authorized by the Corona virus pandemic (COVID-19, this phenomenon does not result in the automatic and immediate emptying of prisons. This is because, despite the severity of the situation and the need to take measures to prevent it from reaching the penitentiary system (in fact, there is news that some measures have already been taken that favor the isolation of prisons), their existence does not change the legislation ”, the judges wrote in sentence.
Wanted, the defense of Roger Abdelmassih reported that he will not comment on the decision of the TJ-SP this Friday (28).
Former doctor Roger Abdelmassih is released from prison in Tremembé (SP)
The former doctor has been under house arrest in 2019
Until October 2019, he was serving a prison sentence. The benefit had been revoked after the opening of an investigation for alleged fraud in her health. The doctor involved in the episode was also released after another decision.
The defense request was made on March 25 after some prisoners of the semi-open regime in Tremembé were released due to the risk of contamination.
In the document, the defense attorney and his wife, Larissa Abdelmassih, reinforce the urgency that he be placed under house arrest, considering that if he were to become infected he would run twice the risk, due to old age and heart disease.
Roger Abdelmassih is incarcerated in a prison hospital
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