Auto The judge believes that Juana Rivas is not "especially deserving" of pardon because she has not repented
Two and a half years in prison Juana Rivas enters an insertion center in Granada to serve her sentence
Appeal The Supreme Court cuts Juana Rivas's sentence for child abduction in half
Third degree prison in record time. Juana Rivas, the mother of the Granada town of Maracena who eloped with her children in 2017 and kept them away from their father for 14 months, is now at home, serving her sentence with telematic control. It is the
most favorable
way
possible to serve a sentence. The Supreme Court sentenced Juana Rivas to two and a half years in prison for child abduction, to compensate her former partner Francesco Arcuri with 12,000 euros and also disqualified her from exercising parental authority over her children for six years.
As the
sentence was final
, the Criminal Court 1 of Granada issued an order on May 27, ordering the admission to prison.
Juana Rivas had until June 12 to surrender voluntarily.
The day before, he went to the Matilde Cantos de Granada Social Insertion Center (CIS) to serve his sentence.
The CIS are penitentiary establishments, in which the inmates enjoy an open regime.
They depend on Penitentiary Institutions and have a treatment board, like ordinary prisons.
Here are some keys to the case.
Was there a favor treatment?
Juana Rivas was in the CIS for only
four days and four nights
deprived of liberty. She entered on a Friday and the following Tuesday, June 15, left this center classified as third grade. All inmates must be classified in first degree, or closed regime; second degree, which is that of common prisoners; third degree, which already allows a certain degree of freedom; and finally parole.
The prison union sources consulted by EL MUNDO specified that the prison regulations provide a
maximum period
of six months to classify any convicted person.
Thus, the prison has two months to study the case and send it to Madrid, to Penitentiary Institutions, where they have another four months at most to resolve and classify the inmate.
Juana Rivas achieved her third grade in a record time of
four days
.
With a weekend in between.
"This classification is possible and legal because the requirements are met, but the maximum speed is surprising," pointed out the prison union sources.
Enrique Zambrano, lawyer for Francesco Arcuri, former partner of Juana Rivas and father of the children, does not give credit.
“It is the first time in my entire professional career that I have seen a third grade so quickly.
It's
embarrassing
.
The normal thing can be 15 days or a month ", indicated the lawyer to this newspaper.
On the other hand, Carlos Aránguez, Juana Rivas's lawyer, does not believe that they have been in a
special hurry
with his client, since "the normal thing is to classify the prisoners as soon as possible" and in the CIS the volume of work is not as high as in an ordinary prison.
"They go fast and it is not the first time that someone has achieved a third grade in a few days," he told this newspaper.
Do you qualify?
Yes. All the sources consulted -both the prison unions and the lawyers of Arcuri and Rivas- agree that Maracena's mother meets
all the requirements
to directly access a Social Insertion Center and obtain the third degree. It is required that it be a voluntary admission, that the sentence not exceed five years, that it is the first crime committed by the convicted person, that the cause for which he entered occurred more than three years ago, that there is a «correct social adaptation since the commission of the facts until admission ”and that he has family support, among others. Juana Rivas fulfills them all.
All these requirements are detailed in
instruction 9/2007
of the then General Directorate of Penitentiary Institutions of the Ministry of the Interior. There is another instruction, 6/2020, which establishes the protocol for admission to an open environment, such as the CIS. In the case of Juana Rivas, the requirements of both instructions are met.
The sources consulted clarified that to enter a Social Insertion Center, such as the one chosen in Granada by Juana Rivas, it is not necessary that an ordinary prison order the transfer of the prisoner there or that there be any
judicial order
.
It may be the convicted person who goes to these establishments on their own feet, provided that the requirements mentioned above are met.
It could also happen, for example, that a person appears with a sentence of more than 5 years in prison, and in that case, it is reasonable for the CIS to transfer him to an ordinary prison.
Why are you serving time at home?
Juana Rivas enjoys the most beneficial and
flexible
third degree penitentiary
possible: she is serving her sentence at home with a telematics bracelet. Another less favorable option is to stay in the CIS and leave this prison at certain times of the day. The other possibility is to live a normal life on the street and go to sleep in this center every night.
At the proposal of the treatment board of the CIS Matilde Cantos de Granada, the General Secretariat of Penitentiary Institutions classified Juana Rivas in third degree and applied
article 86.4
of the Penitentiary Regulations, which means serving the sentence at home with a telematic bracelet.
The 2019 instruction of Penitentiary Institutions that regulates the way of serving a sentence with telematic devices establishes that “the time of compulsory and controlled stay at home will be, as a general rule, eight hours a day.
Exceptions to this rule must be justified on the basis of the individualized treatment program ”.
Have you asked for clemency?
Yes. The lawyer Carlos Aránguez has requested a pardon for Juana Rivas and with this argument he asked the court to suspend the
execution
of the sentence.
However, Judge Manuel Piñar rejected this request and issued a harsh ruling stating that "there is no circumstance" that makes this mother of Maracena "special deserving" of this measure of grace, compared to other "identical cases. with similar sentences "for the same crime" where the execution has begun and the sentence has been served.
Juana Rivas "has not repented" nor does "there is at all that
infernal environment
of abuse" by the father of the children that she has denounced, warns the order of the Criminal Court 1 of Granada dated June 11.
Granting a pardon to this mother "in a certain way encourages and encourages other
similar behaviors
of individuals who can launch themselves into crime, in the belief that in the end, from the executive level, they will pardon him," says the judge.
Juana Rivas' lawyer has filed a
complaint
against Judge Piñar in the General Council of the Judiciary (CGPJ) for the "serious irregularity" of issuing an order ordering his admission to prison without giving him a hearing procedure and without setting a deadline for time to enter prison voluntarily, as he explained to this newspaper.
"This is institutional judicial abuse," he added.
According to the criteria of The Trust Project
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Juana Rivas case
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