- From Italy: Italian social services ask that Justice limit Juana Rivas's contact with her children
- 'Case of Juana Rivas'. Minister Delgado wrote to the Italian minister to mediate in favor of Juana Rivas
- Expert report: An Italian report says that Juana Rivas is "harmful to her children"
Just one week after EL MUNDO published that the Minister of Justice, Dolores Delgado, interceded in favor of Juana Rivas before the Italian Government - which took the custody of her children from the woman - the Prosecutor's Office, organically dependent on her Ministry wants to cut the penalty: instead of the five years to which he was sentenced by a court in Granada, in a sentence confirmed by the Granada Provincial Court, the Supreme Court Prosecutor wants Rivas to serve no more than 2.5 years for keep your children away from their father for a year, between 2016 and 2017. This is half the penalty.
The reason: that, disregarding the criterion maintained by the Prosecutor's Office of Granada, seems also supported by the judges of the previous instances in devastating sentences -which came to affect women the harm caused to minors-, the Public Ministry of the Supreme Court maintains that in the crime of child abduction committed by Rivas, the essentially protected legal good is not minors, not even the right of the other parent to enjoy their children.
The protected good would be fundamentally, affirms prosecutor Fernando Prieto , the obedience of the judicial resolutions, so Juana Rivas would not have committed two crimes, one for each child, but only one, for having disobeyed the judicial resolutions that forced her to return to his children to the father.
Instead, Maracena's mother became a month in search and capture, until she gave her children to a Granada court on August 26, 2017. The Granada Prosecutor's Office advocated both the court that condemned her and the Court Provincial, that the legal good to be protected in the case are minors, separated from their father by force by the mother.
The fiscal position has been up to now, and it has been supported by the courts that have known about the case, that the abduction is a multi-offensive crime, which first damages the minors, secondly the father - to be separated from their children - , and also to the legal system, for breaching judicial decisions.
The Supreme Prosecutor's Office, on the other hand, comes to maintain in the brief sent to the Criminal Chamber of the High Court, and to which EL MUNDO has had access, that child abduction is actually an aggravated disobedience.
Thus, according to this criterion, a crime of child abduction would have been committed, and not two, so the sentence would be 2.5 years, not five. However, in principle, he would not avoid the prisoner from jail, after exceeding two years of punishment, which would oblige in principle its compliance.
The surprising position of the Prosecutor's Office - which nonetheless inevitably sees the crime for which the woman has been convicted - clashes, for example, with the reality that Rivas has also been forced to compensate her former husband and father for the minors, the Italian citizen Francesco Arcuri, with the amount of 30,000 euros for moral and material damages.
Also obvious, according to experts consulted by this newspaper, the fact that child abduction is typified with between three and four times more penalty than a simple disobedience (a very considerable increase in penalty, not a simple aggravation).
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- Supreme Court
- Dolores Delgado
- Case of Juana Rivas
Courts Minister Dolores Delgado wrote to the Italian minister to mediate in favor of Juana Rivas
CourtsItalian social services ask that Juana Rivas treat her disorders and that Justice limit contact with her children
GrenadaA Italian juvenile court addresses Juana Rivas's appeal for alleged abuse of her children