The Supreme Court has ruled for the first time in a stolen babies case. He has done so on the judgment of the Madrid Court that considered it proven that Dr. Eduardo Vela had committed the crimes of illegal detention, assumption of childbirth and documentary falsification, but acquitted him because the facts were prescribed.

The Criminal Chamber has declared that the main crime, that of illegal detention, was not sufficiently proven. If he had been convicted by the Court, Dr. Vela would have been acquitted by the Supreme. The High Court does ratify that the other two crimes were committed, regardless of whether they were prescribed.

The key to the Supreme Court's ruling was its pronouncement on the prescription of this type of crime. And there is not. Since Dr. Vela passed away and the crime of illegal detention is not considered proven, the magistrates consider that there is no point in ruling on the matter.

Thus, there is still no clear criteria for how to calculate these requirements. The representation of Inés Madrigal, the stolen baby , who accused Dr. Vela, maintained that the calculation of the term must begin at the moment the stolen baby discovers his condition and not from his age of majority.

In addition to the fact that Dr. Vela died after the Provincial Court sentence was passed, the Prosecutor's Office gathered enough data to maintain that Inés Madrigal was never a stolen baby , but that her mother gave her up voluntarily, although the processing of that delivery did made regardless of legality.

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