Supreme Court dismisses security guard found guilty of possessing child pornography

The Supreme Court approved the disciplinary sanction imposed by the Minister of Defense on civil servants. Civil Guard sergeant After being sentenced to 1 year in prison as the perpetrator of a very serious crime crime of possession and distribution of child pornography.

Agent living in Eritaña barracks in Seville convicted for hiding mobile phone in a folder 10 pictures of minors in sexual posesin some of them they appeared alongside naked adults, also seven videos has the same content. Some of this material was sent to a woman with 87% visual impairment via WhatsApp via mobile phone and Facebook Messenger linked to an official phone number for the Civil Guard.

The court rejected the sergeant’s contested-military disciplinary appeal, in which he requested that the sanction be nullified or, alternatively, suspended for six months and rendered ineffective. Affect disclosure to your personal documents. In his appeal, he claimed that he did not cause any harm to the administration or citizens.and the sanction is not proportionate.

The decision concluded that there were very serious criminal elements involving committing a crime. convicted intentional crimecausing serious harm to the administration and citizens in connection with the service (Article 7, Article 13 of the Civil Guard Disciplinary Regime).

discredit

He found that the appellant’s behavior “not only clearly conflicted with the fundamental principles of action of members of the State Security Forces, Absolute respect for legality, dignity, honesty and integrity in their actions“It is an insult to the reputation and public image of the institution and causes serious damage to the prestige and dignity of the institution, which will irreparably undermine the legitimate trust of citizens in the institution.”

The Chamber confirms that it shares the reasoning of the disputed decision justifying the choice of the sanction of separation from service: “the most serious legally possible, because it is a particularly reprehensible behavior (as stated in the controversial decision) and is a very serious humiliation, since the above-mentioned conviction for the possession and distribution of child pornography reveals conduct on the part of the actor wholly incompatible with the requirement to become a soldier, and in particular, a member of the Civil Guard who was accused of being a member of the State Security Forces and Units. “It is directly inadequate with the demands it has set for itself.”

The decision is considered to be proportionate considering the nature and nature of the sanction. seriousness of eventsand the incompatibility of the crime for which he was convicted with the official relationship binding him to the Administration, especially in view of his frontal opposition to the duties of honesty, integrity and respect for the Law required of members of the Civil Guard Corps. .

The Chamber rejects the appellant’s arguments that this was the first sanction imposed on him, that he held a position in which trust was particularly valued, and that his file contained a congratulatory letter from the Director General of Security dated 4 April. Since 2019, the events have had no impact on the public. He points out: “Such data They cannot reduce the severity of their subsequent behavior nor is it so irrelevant as to distort and discredit the infamous judgment which the facts warrant, so as to diminish the importance of appropriate condemnation and sanction.”

“As set out in the impugned decision, the appellant’s conduct is in direct conflict with the good manners and dignity required by his membership in the Civil Guard, whose members are fully preached to the extra code of ethics and morality required of all members. Forces and Civil Guard,” underlines the Chamber.

Source: Informacion

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