The Key Figure Who Could Bring Daniel Sancho Back to Spain in a Few Years

Daniel Sancho already knows his future, and it involves many years behind bars. The Thai Justice system has sentenced him to life imprisonment for three crimes: premeditated murder, concealment of the body, and destruction of evidence. All of these are punishable by the death penalty under Thai Penal Code, but the judge decided to reduce the sentence due to the Spaniard's cooperation with the police authorities. It is not the worst-case scenario considered, but neither is it one of the most favorable. It is even less so if the accused and his family hope to serve part of the sentence in Spain. However, he still has two escape routes: an appeal and a royal pardon.

He has already taken the first step. Upon leaving the Samui Provincial Court, Sancho's family lawyers stated that they would appeal the sentence within a month, which is the legal timeframe established by Thai law. "We did not expect this, but we have to accept what Justice has said. We have always respected it," said lawyer Carmen Balfagón.

With this appeal, Sancho's defense hopes that the sentence will be reviewed and that life imprisonment will be removed. This is a crucial point to facilitate extradition to Spain, but it must meet two requirements: a final sentence and a penalty that is homologous under Spanish Penal Code. "Life imprisonment is not a sanction within the catalogue of penalties in Spanish Criminal Law," explains Carla de Paredes, Dean of the Faculty of Social Sciences at the European University of Valencia. "The closest equivalent is revisable permanent imprisonment," de Paredes highlights.

However, Sancho still has one last ace up his sleeve or a ray of hope: a pardon from King Maha Vajiralongkorn. Each year, this monarch "out of his kindness"—as stated in public announcements—reduces, commutes sentences or outright pardons hundreds of prisoners at his discretion. However, certain preliminary steps must be followed.

Before granting this gracious measure, the convict, with a final sentence, has 60 days to ask for forgiveness from the monarch and admit guilt in the case for which they have been convicted. This was also the case with another Spaniard imprisoned in Thailand, Artur Segarra.

In his case, he was convicted in 2017 for the premeditated murder of fellow Spaniard David Bernat. The sentence imposed was the death penalty, a decision ratified by the Supreme Court two years later after declaring the sentence final. Within 60 days, he requested a royal pardon and was finally granted it in 2020. His sentence was commuted to life imprisonment.

This is Sancho's last resort. If he requests a pardon from Vajiralongkorn, his sentence could be reduced another notch in severity to 25 years in prison or less or even be absolved. If the King of Thailand grants this royal pardon and reduces the sentence, "in this case he should serve in Thailand for the years determined by their current legislation, which are estimated to be 8 years; after that period and upon submitting the corresponding request, if Spain accepts, he can be transferred to a Spanish penitentiary center to continue serving his sentence according to Spanish penitentiary legislation," clarifies the Dean of the Faculty of Social Sciences at the European University of Valencia. And then, like any Spanish prisoner, "according to current legislation, he can enjoy his first leaves when he has served 2/3 of his final sentence and as long as he has paid or intends to pay civil liability, maintains good behavior, participates in activities within prison aimed at achieving reeducation and social reintegration—which is the main goal of our penitentiary system," she adds.

Since ascending to the Thai throne, Maha Vajiralongkorn—also known as Rama X—has granted tens of thousands of royal pardons. The chosen date is his birthday as a gift to prisoners. Every July 28th, inmates in Thai prisons await His Majesty's gracious measure.

Fond of festivities and opulence, King Vajiralongkorn also 'reviews' sentences on other important dates for his family. The Queen's birthday (August 12th) has also been a day when royal pardons have been granted throughout Thailand or on anniversaries such as his father's birthdate who passed away in 2016.

However, for Sancho to benefit from this royal pardon, he still needs to wait until his sentence becomes final—a process that could take several years.