The scenarios that Daniel Sancho faces after his conviction

Can the conviction be appealed?

Yes. In fact, their lawyers have already announced that they will do so.

Sancho has two options, as the judge himself explained. First, he can appeal to the Court of Appeals and, finally, to the Supreme Court, a process that could take around a year, according to legal sources.

However, although they also have the right to do so, Arrieta’s family has announced that they will not appeal the compensation set by the judge at around 106,000 euros.

Does he have the option of a royal pardon to reduce his sentence?

Yes. Thai authorities regularly issue collective pardons that coincide with certain religious or monarchical dates, such as King Vajiralongkorn’s birthday (July 28). Through these pardons, which can only be requested once the sentence is final, Sancho will be able to partially reduce his sentence.

Are you entitled to any aid from Spain?

Yes. The network of Spanish Consular Offices tries to alleviate as far as possible the not always adequate conditions in which Spanish citizens serve their sentences abroad. Assistance can take the form of non-financial or financial assistance.

In case of need, the embassy or consulate can provide assistance of up to 120 euros per month, provided that your family or friends are unable to provide it.

Can it be transferred to Spain?

There is no extradition agreement between Thailand and Spain, but there is an agreement for the transfer of prisoners that came into force in 1987, applicable once the sentence is final and for those who do not have any other pending judicial proceedings.

Article III, point 4 of this Convention specifies that, among others, those sentenced to life imprisonment may benefit from this Agreement.

Article II stresses that those who have committed a crime “against the internal or external security of the State; against the head of State or members of his family; in matters of smuggling of antiquities or treasures of the national artistic heritage” are not subject to transfer.

Sancho will have to serve at least four years in prison in Thailand before being able to request his return to Spain, which must agree to his extradition, as must the Asian country.

Another essential requirement for the transfer to take place is that Sancho completes the compensation payment established by the court for the victim’s family.

Is there any similar precedent between Spain and Thailand?

Yes. In 2017, Spaniard Artur Segarra was sentenced to death by a Bangkok court for the premeditated murder of his compatriot David Bernat. Days after the sentence, he was transferred from Bangkok Remand prison to the maximum security Bang Kwang prison in the capital, where he remains and where most of those sentenced to capital punishment are held.

Segarra’s sentence was reduced to life imprisonment in 2020 on the clemency of King Vajiralongkorn.