The Hearing of Granada confirms the sentence of five years of jail for a woman by the subtraction of its two children
18-3-2019 | General advice of the Judicial power
He considers the tribal one that has taken place two crimes of subtraction of minors and reduces the indemnification recognized the father of the children by moral damage.
The Hearing of Granada has confirmed the sentence of the Court of Penal number 1 of Granada that author of two crimes of subtraction of minors considered to J.R.G. by whom she condemned it to five years of prison. The sentence of the Hearing, in addition, reduces of 30,000 Euros to 12,000 Euros the indemnification to his expareja by the caused Morales damages and confirms the retirement of the parental authority during six years.
The sentence emitted by the magistrates of the Section First of the Hearing of Granada clarifies that in this cause it is decided exclusively on does not give of the minors to his father, who was the one that showed the safekeeping, and not on the battering denounced by the mother and the necessity to protect his children. That already was seen in the civil procedure and it was solved, not being just the existence of danger for the minors, insists the appeal sentence.
The appeal sentence considers proven that J.R.G. refused to give back to its children to its ancestor F.A. after the holiday period in which it traveled with them from Italy to Spain desoyendo the resolutions and warrants that therefore called to each other it. The resolution emphasizes that this conduct of the appellant is criminal, on the one hand supposes a disobedience to the authority when failing to fulfill its resolutions and on the other hand the right of the minor is infringed to be related to its parents, to live in its atmosphere, relative, social, educative, that is to say to be in its surroundings, in which it is known to him.
The Hearing of Granada considers, in addition, that, although the woman took to her two children simultaneously, she is two crimes of subtraction of minors, and not of a single crime as it alternatively raised the defense of the defendant, since the subjects liabilities of the action are two. In this sense, it indicates that the appellant committed two crimes of subtraction of minors because they are the two minor children to whom paternal-branch prevailed of the relation failing to fulfill the judicial resolutions that forced to their delivery the father to him who held by judicial disposition the safekeeping of the same.
As far as the argument used by the defense of which the defendant carried out the action not by dolo but by imprudence, since it lacked legal knowledge and it acted on the basis of the received advising of other people, the Hearing considers that such exculpatory allegation cannot be successful. Then, although thus it would have been, end that we then do not know we do not know what their advisers advised to him, it cannot serve to him as alibi because the mother knew the resolution dictated by the Court Cagliari, the one of the Court of 1ª Instance number three of Granada, the one of 21 of April of 2,017 of the section fifth of this Provincial Hearing, in addition being required by the Court to 1ª Instance number three of Granada for the return of the minors the 11 of Julio of 2,017 and, again the 24 of following Julio, reason why could not be called to deceit on the illegal thing of its conduct.
With respect to the indemnification of 30,000 Euros fixed to the sentence of the Court of the Penitentiary nº1 of Granada, the sentence of the Hearing considers pertinent to reduce it until the 12,000 Euros since esteem that the damage caused to the father of the minors was a moral damage brought about by the anguish of not knowing if the children are going to him to be given back, but not a damage to its honor fruit of a mediatic campaign promoted by the mother. Magistrates of Hearing maintain against criterion of judge of instance that justification of damage to honor not has endorsement in story of facts tried of sentence appealed in that, only, reference to a mediatic campaign with press conference is made including, in that third, which for of spokesman, it has been declaring that the minors have not been given, without adding to consisting of facts action or expressions that suppose injury to the dignity of Mr. A..
The sentence is subject to appeal in annulment before the Supreme Court.
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