18 […T]hat thesis [is] proven by the Office of the Public Prosecutor through the different evidence and statements received during this hearing [based on which] the participation in the mentioned crime is confirmed, beginning with the defendant’s statement in the Second Lower Court […]; [as well as] in the statement of the Forensic Expert, Doctor Erick de León, [who] stated when ratifying his report that the death of the minor had been executed with brutality, also stating that the necrophilia, or physical access after a person’s death, occurred in that situation [… To] this we can also add […] the way he found that there was violence in the hymen, which presented damage and violence [; . among other statements.] […] It was established that it wasn’t rape but instead murder; the act was executed with cruelty and brutal impulse, therefore the Office of the Public Prosecutor, attending to that established in Articles: twenty-seven, thirty-two, and one hundred and thirty two (27, 32, and 132) of the Criminal Code, requests that the DEATH PENALTY be imposed on the defendant FERMIN RAMIREZ, only surname.25 54(15) Article 132 of the Criminal Code states: (Murder). Murder will be committed by whoever kills a person: 1) With premeditation; 2) For a price, reward, promise, with a profit motive; 3) Through or on the occasion of a flood, fire, poison, explosion, collapsing of a building or any other affectation that may cause great damage; 4) With known premeditation; 5) With cruelty; 6) With the impulse of brutal perversity; 7) To prepare, facilitate, commit and hide another crime or to guarantee its results or immunity for themselves or their coparticipants or for not having obtained the result proposed when attempting the other punishable act; 8) With terrorist purposes or in the development of terrorist activities. A prison sentence of 25 to 50 years will be imposed on the offender convicted of murder, however, the death penalty will be imposed instead of the maximum prison time, if due to the circumstance of the acts and of the occasion, the way it was carried out and the determining motives, a greater dangerousness of the agent is revealed. On those who the death penalty is not imposed for this crime may not be granted a sentence reduction for any reason.26 54(16) In their closing arguments of the oral hearing, the defense did not refer expressly to the request presented by the Office of the Public Prosecutor regarding the change of the legal classification of the crime. In this sense, it stated: “how is it possible [that Mr. Fermín Ramírez] is being accused of such a serious act.” Likewise, it stated that the arrest of Mr. Fermín Ramírez was illegal, that no witness declared that they had evidence that he had committed the crime and that, with the existence of more than one reasonable doubt, it requested an acquittal.27 54(17) Article 388 of the Code of Criminal Procedures states: Verdict and Indictment. The verdict may not consider other facts or circumstances, different to those described in the indictment and in the order for trial to commence or, in its case, in the extension of the indictment, except when this favours the defendant. 25 Cfr. Record of the oral trial moved forward to March 5 and 6, 1998 by the Criminal, Drug Trafficking, and Environmental Crimes Trial Court (dossier of appendixes to the petition, appendix 6, folios 81 and 82). 26 Cfr. Criminal Code of Guatemala (Decree Number 17-73) (dossier on statements offered before notary public and evidence to facilitate adjudication of the case). 27 Cfr. Record of the oral trial moved forward to March 5 and 6, 1998 by the Criminal, Drug Trafficking, and Environmental Crimes Trial Court (dossier of appendixes to the petition, appendix 6, folio 84).