• COURTS The tweeters who wanted the death of the 'bullfighter child': "It was stupid"
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  • "Adrian, you're going to die," an antitaurine tells the little boy with cancer

The head of the Criminal Court number 2 of Valencia has acquitted the three defendants who were tried last Monday for writing on social networks, in October 2016, offensive messages towards Adrián , the eight-year-old boy with cancer I wanted to be a bullfighter. These publications were made after the celebration of a charity run that was intended to raise funds for the child, who died six months later because of his illness.

Although the magistrate describes some of the expressions expressed as "delectable" or "repulsive" , he does not appreciate in them a crime of incitement to hate, against moral integrity or serious insults, contrary to what they claimed, as the case may be, the Prosecutor's Office , the private prosecution and the popular action, which demanded sentences of between one and three years in prison for those involved.

The sentence, which can be appealed on appeal before the Provincial Court of Valencia, refers to the jurisprudence of the Supreme Court and concludes that the Criminal Code cannot "become the first response to this type of action."

The judge recalls that the present procedure analyzed exclusively the comments that each of the defendants made on Twitter or Facebook, "and not the rest of the messages that were published in different social networks or sent by different messaging applications, containing death threats and explicit images of weapons and deceased, "to which the complainant, Adrián's father, had access.

The magistrate considers that the phrases attributed to the defendants, and whose authorship they assumed during the trial, are not constitutive of a crime against moral integrity, despite the "negligible" that may result. "They are not considered of sufficient entity to consider them as degrading treatment apt to generate serious impairment to the moral integrity that the type demands," he says.

The first of the defendants, MOC, complained on his Twitter account of the "unnecessary" expense that the child was recovering, whose life, he said, cared about "two balls" , because he was probably already "being treated in health public "with your money.

The second, AEO, in a private message from his Facebook profile, directly wanted the death of "a sick child who wants to be cured to kill innocent and healthy boilers who also want to live."

Finally, BESL criticized Internet users who supported "a child who prefers to kill an animal" and also wished him death.

The judge understands that these expressions do not fit the hate crime typified in article 510 of the Criminal Code. The child suffered from a terminal illness "for which none of the defendants can be held responsible," no matter how much they took advantage of it to write "a repulsive phrase", to make "a macabre boast" and "written incontinence" or to express "the poisonous desire for the child's death," explains the judge.

Finally, the ruling rules out the commission of a crime of serious injury. In the case of the MOC tweet, it cannot be considered that there is an insult to Adrian, "but rather a crude way of externalizing a total absence of empathy."

Regarding the comments and phrases used by AEO and BESL, "they are certainly offensive, but the attitude denotes challenge and gross taxativity as a predominant mood" and do not reach "enough gravity to consider that they may have criminal repercussions."

According to the criteria of The Trust Project

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  • Valencia
  • Valencian Community
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  • Castellón

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