• Courts.The Supreme denies residence to a foreigner for being an abuser
  • Courts: The Supreme: "Every assault of a man on a woman in relation to a partner or ex-partner is gender violence"

The Second Chamber of the Supreme Court has agreed the penalty of disqualification of parental rights for a man who tried to kill his former partner inside a car when the woman took the two children they had in common to be with them in a regime of visits.

The High Court thus hardens the sentence imposed by the Provincial Court of Palencia , which imposed a temporary restraining order on the convicted person but not the disqualification of parental rights. In the proven facts it is gathered that "after opening the door of the driver and with an oyster knife she opened in an unexpected way five punctures of between one and two centimeters each".

The man ceased to quickly intervene a client of a bar that grabbed the aggressor, separating him from the victim and thus avoiding the aggression and ending the life of his former partner. At that time he said: "I have to kill her," as stated in the Supreme resolution.

The Court of Instance, confirmed by the Superior Court of Justice of Castilla y León , considered in this case the imposition of the penalty of removal and prohibition of communication with respect to minors, without further ado. However, the Prosecutor's Office appealed this ruling and requested the imposition of the penalty of special disqualification of parental rights.

The Supreme Court has estimated the appeal of the Public Ministry alleging that "we must understand that the seriousness of the acts committed in the presence of their own children, in an attempt to end the life of their former partner, in front of them, and on the occasion of the compliance with the visitation regime cannot be sustained from the point of view of criminal reproach with a mere penalty of prohibition of approach or communication. "

Likewise, the Supreme Court notes, it could be ensured that in cases similar to the present there is a sufficiency of the penalty of deprivation of parental rights or special disqualification for the exercise of the same, as well as an annulment of the right / duty of the exercise of the parental authority by the author of the crime or his attempt.

The High Court concludes by pointing out that "the person convicted of these acts cannot claim the right to parental rights when his intention was to leave the children without his mother, knowing that this is and will be one of the most traumatic experiences he may suffer a human being".

"But more, if possible, when this death has not been caused by natural consequences, or by an accident, but by the deadly aggression caused by the children's own father," says the Chamber.

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