HE Constitutional Court (TC) abolished the five-month probation sentence given to a child under the age of 16 by the Alicante Juvenile Court. slipped on the tram twice the city of Alicante and refused to pay the ticket 1.45 euros.
The decision of the Second Chamber of the Republic of Turkey published this Monday BOE and that the two magistrates had their special vote, Abraham Alejandro ML accepted the amparo appeal and overturned the decision of both courts. Children’s court no. 1 in Alicante As a subsequent affirmation of the sentence by the Third Division of the Alicante State Court.
The sentence of 6 February reflects that the child traveled on the Alicante tram (TRAM) on 14 and 21 May 2019 (aged 16) at altitude on the first day from the Lucentum stop, without a valid transport document. and the latter at MARQ-Castillo station and after being discovered by security guards refused to pay the 1.45 euro ticket.
The young man was given “deferred payment tickets”, which he had to face with the aforementioned 1.45 euros and additional 100 euros, which he later paid, but the Alicante 1st Juvenile Court opened a criminal case against him. five months probation for a small crime fraud.
The family of the young man filed an appeal on the grounds that he had already paid the administrative fine and that the ‘non bis in idem’ principle was violated. You cannot be punished twice for the same act. (administrative and criminal).
Execution of the judgment
She added documents proving the young man’s ESO degree and that he was a men’s hairdresser and barber technician, as well as a work record as a self-employed hairdresser and employer status, all to show this court. what a useless execution of the sentence.
The claim of double sanction for the same events, the additional payment of one hundred euros by the tram company, Generalitat Valenciana (FGV) Railwaysit was an additional charge, not a sanction, so probation was the only sanction.
However and with special vote of two judges Acknowledging this last claim, the Constitution explains that 100 Euros is actually a sanction and that Abraham Alejandro ML is right and not punishing twice for the same act violates the principle of jurisdiction.