Supreme Court condemns perpetrators of treacherous murders of children with permanent jails that can be reviewed

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In a plenary session the Criminal Chamber agrees by a vote of 11 to five that there is no inconsistency.

The seat of the Supreme Court in Madrid.
The seat of the Supreme Court in Madrid.EFE

The Supreme Court has established that reviewable permanent prison can be applied to child killers without punishing the offender twice for the same act. In a plenary session held this Tuesday, the Criminal Chamber of the High Court has held that there is no inconsistency with the fact of convicting a man for the malicious murder of a minor and, moreover, a reviewable permanent prison sentence. For .

According to legal sources, the Second Chamber thus consolidates its jurisprudence which makes reviewable permanent prison conducive to the treacherous death of a child and, therefore, upheld the appeal filed by the private prosecution, which was followed by the Public Prosecutor. goes. decision of Superior Court of Justice of Valencia.

The specific case resolved refers to the murder of a 2-year-old child in Elche (Alicante) for which his stepfather, as the perpetrator, and his mother were convicted by omission. Due to the fact that several decisions on the issue have been appealed in recent years, the five magistrates encouraged referring the issue to the plenary session to give all magistrates an opportunity to rule on the matter.

Eleven magistrates voted in favor and judges opposed. Leopoldo Puente, Antonio del Moral, Anders Martinez Arietta You andres palomo, The respondents to the sentence are progressive magistrates Susannah Polo.

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The court in Alicante sentenced the couple to a permanent reviewable prison sentence for the murder of the defendant’s son, the child.

The minor’s mother and her partner were both convicted of the offense of murder aggravated by kinship and the offense of habitual abuse aggravated by betrayal.

But Valencia’s TSJ repealed this “excessive” penalty and replaced it with a permanent prison sentence of 23 years for each of those convicted: 20 for murder and three for habitual misdemeanor.

This court argued that although the convicts had abused the child and were aware of the danger, they took him to the hospital when they realized the gravity of little Aaron’s condition.

As such, it is appreciated – according to this court – that the lack of repair of damages and of an “extraordinary” nature and “special severity” such as permanent prison cannot be enforced, is a criterion that the Supreme Court now amends. does, report if.

Confirmation of acquittal of CDR

On the other hand, the plenary session of the Second Chamber agreed by a majority of 11 to 5 votes to dismiss the appeal of the Prosecutor’s Office and, as a result, confirmed the acquittal of CDR Tamara Carrasco, who was charged with the offense of abetment. was alleged. Public disorder..

According to legal sources, the ruling’s initial speaker, Judge Angel Hurtado, has been in the minority and will cast a separate vote. Assume new paper magistrate Javier Hernández.

The magistrates against whom the vote has been taken and who have been in the minority are Chambers, M. has been the chairman ofAnuel Marchena, Antonio del Moral, Julien Sánchez Melgar, Pablo Larena You Vincent Magro. They all held that the proven facts of the lower court’s decision involved a specific act of incitement to hatred and, therefore, believed that the higher court should have upheld the prosecutor’s claims and set aside the decision. was supposed. The resolution will involve a private vote.

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