Was the newborn baby dead when he was thrown into a dumpster in Mallorca on Thursday afternoon? This point will be important in the process to be followed about his mother and uncle, who were arrested on Monday after being detained by the police. And that could mean the difference between a murder charge, which is especially aggravated when you’re dealing with a defenseless baby. permanent review prisonand the case of hiding a corpse, which is considered a crime of degrading treatment and carries a prison sentence of six months to two years. Although, as attorney and law professor Jaime Campaner points out, it may be a question of whether the mother bears any responsibility for a death caused by neglect of care, which would raise the possibility of murder charges.
A case that is expected to be complex and complex and where the relevant data is still unknown. The preliminary autopsy performed on the little girl, who was approximately 27 weeks pregnant when she was born, has not yet determined whether she was born alive or stillborn. Forensic experts are waiting for the results of laboratory analyzes to shed light on this mystery.
Meanwhile, in their statements at the Manacor court on duty, the detainees stated that they threw the newborn baby into the container because they believed he was dead. This impression differs from that obtained by Manacor Local Police officers who took the baby to Levante Hospital after finding him in the garbage dump. As they moved at full speed the five hundred meters separating them from the medical center, one of the police officers noticed a hand moving. However, he could not specify whether this was an autonomous movement or due to the movement of the car.
National Police investigators use another clue. The baby’s body bore a blow to the head, with signs that he had been hit while he was still alive. If she received this blow when thrown into the container, this would indicate that the little girl was alive when she was abandoned, strengthening the working hypothesis that this was a homicide.
In this case, the defendant may face a particularly aggravated murder charge, which falls within the scope of cases where imprisonment with permanent supervision is imposed.
If this cannot be proven, the severity of the penalty will be significantly reduced. If the baby is stillborn or dies spontaneously before being abandoned, the defendants may be charged with the crime of degrading treatment, which includes the act of “concealing the location of the body” and carries a penalty of between six and two months. years in prison.
When consulted on this subject, attorney and law professor Jaime Campaner expands the possibilities further. “It is necessary to determine how the baby died in order to know whether the mother committed criminal conduct that could constitute homicide by negligence.” In any case, the forensic report will be very important.