Supreme Court reimposes permanent prison revoked by TSJ for couple who killed a child in Elche

this Supreme Court (TS) re-imposed inspectable permanent prison that couple Killed a two-year-old boy in ElcheAs Supreme Court sources confirm. Two defendants sentenced biological mother and spouse of the childwere tried in the Provincial Court after being found guilty by a public jury, but that sentence was overturned by the Community High Court of Justice and replaced with 20-year sentences each. The Supreme Court once again gave the maximum sentence of the Spanish Penal Code after the plenary meeting this morning. Clarify whether this punishment can be imposed on those accused of murdering minors to whom aggravating treason conditions have been applied.. defense attorney, Miguel Angel Canovasstated that the defendants had already aggravated the punishment by applying an aggravating reason for the murder of the child. Having prevented this sentence from being applied in this case, along with other circumstances such as the defendants taking the child to the hospital and the mother’s lack of direct involvement, TSJ relied on the couple who had strangled the girl to withdraw from permanent prison. little Aaron in Elche in September 2018.

This is the second Supreme Court decision in favor of a reviewable permanent prison, after another decision made public this Tuesday, supporting the imposition of this sentence on the man who stabbed his family and brother to death in his home. Juan XXIII Alicante neighborhood.

The General Assembly of the Criminal Chamber accepted it by majority of votes. 12 to 4 votes anticipate the appeal of the specific charge made by the lawyer Rachel Sanchez NavarroCase pending by the Prosecutor’s Office against the decision of the Supreme Court of Justice of Valencia, which annulled the original sentence of permanent imprisonment of the Court of Alicante. The chamber asserted the verdict of the sentence, the court’s report Judge Susana PoloMagistrates Leopoldo Puente, Antonio del Moral, Andrés Martínez Arrieta and Andrés Palomo voted against. The issue to be dealt with by the General Assembly in this case concerned the application of an examineable permanent prison to those who killed a minor, taking into account that the penalty for this crime (murder) already included treason and the Penal Code was included in the penal code. The prison sentence would apply to murders of minors without further details. In the next few days, the sentence will be made public, with legal arguments being considered by the magistrates.

All this to determine whether the principle of law is valid or not. ‘without bis in idem’, a sentence that is prohibited from being tried and convicted twice for the same act and that the Constitutional Court recently approved when the Supreme Court of Appeals raised the issue of permanent imprisonment in some sentences. However, not knowing the content of the sentence, the Supreme Court overturned the Valencia TSJ’s decision, thus confirming its own case-law that made the reviewable permanent prison compatible with the treacherous death of a child.

The Alicante Court sentenced the couple, who were accused of murdering the suspect’s son, to probable prison terms. Both the minor’s mother and spouse were convicted of one charge of murder aggravated by inbreeding, and one charge of abuse of habit aggravated by treason. But the Valencia TSJ rescinded this “extreme” sentence and replaced the permanent prison sentence for each of the prisoners with 23 years in prison: 20 for murder and three for ill-treatment.

Although this court convicted, they mistreated the boy and they were aware of the danger, they took him to the hospital When they realize how serious Aaron’s condition is. In this way -according to this court- the mitigation of the compensation for the damage is appreciated and it is seen that it is not possible to apply a compensation measure. “extraordinary” character and “special seriousness” like a permanent prison, a criterion that the Supreme has now changed.

The incidents took place in the family home in the town of Elche, where the couple lived with the young child and where the accused had previously beaten and beaten various parts of Aarón’s body. I “accepted” and did nothing to prevent it. On September 13, 2018, the man beat the boy again, specifically slapping and punching him and even hitting a surface and then squeezing his neck so intensely that it impeded his breathing and caused him to lose consciousness. The mother, who was at home at the time of the attack, said that although she understood the seriousness of the child, “she consented by doing nothing to protect and hinder the child.”l Baix Vinalopó HospitalHe died here on September 17.

Autopsy determined that the main cause of death was anoxic encephalopathy. contractionAlthough doctors acknowledge different injuries to the child’s body, such as bruises, erythema or fractures, due to customary mistreatment

Source: Informacion


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