• Justice The judge refuses to release Juana Rivas for alleged "sexual abuse" of one of her children while in her charge

  • Justice The Prosecutor's Office will ask that Juana Rivas not enter prison after Dolores Delgado intervenes

  • Justice Juana Rivas: "I have paid a lot for the part of error that I could have. I have been almost five years without my children"

What happened this Friday with Juana Rivas responds to a combined intervention of laws (that of the Pardon and the Penal Code) and of powers (the Judicial and the Executive).

Why does Juana Rivas continue with a pending sentence if she was pardoned? Because the Government granted her a partial, not a total, pardon. He had no other option, since without a favorable report from the sentencing court the law does not allow a full pardon. In this case, the Supreme Court opposed the total grace measure and divided against the partial: eight in favor and eight against. What it could have done is to grant a more generous partial pardon, equivalent in practice to a full one. As in the case of the

procés

, where all the prison that remained to be served was pardoned. Here it was decided to leave the sentence in half: one year and three months in jail. That was enough for the sentence to be suspended. And then what was the pardon for? Not for the main objective of pardons, which is to free the beneficiary from the effective fulfillment of the sentence. Even so, having cut it in half makes it easier for the regime agreed by Penitentiary Institutions to be softer. In addition, a part of the sentence is beyond the reach of the judge. It is about parental authority, which the judges took away from him and returned to him by the Government. What does the law establish on the suspension of prison sentences? The Penal Code indicates that if the prison sentence does not exceed two years and the person affected he does not have a record, his execution can be suspended.But it is a possibility that is offered to the judge or court, not an imposition. In the vast majority of cases it is granted. The judge must assess the circumstances of the crime and the personal circumstances of the convicted person, their behavior after the crime and the effects that can be expected from the suspension itself. Does the judge's decision mean that Rivas must return to a closed regime? No. The penalty is still being served, but the way to do it can be very varied. And so far Prisons has been very generous. Rivas accessed the third degree directly and in practice was released. The prosecutor appealed it for excessive and the judge ordered that some restrictions be imposed, which with the decision of this Friday will be maintained.What does the Prosecutor's Office hold? The prosecutor in the case was opposed to suspending the sentence, but the attorney general, Dolores Slim,He imposed support for the measure, as the judge himself recalls in the car. He argued that it was necessary to be consistent with the position adopted before the Supreme Court, where the partial pardon was supported. Is the decision final? No. Rivas can appeal the order before the Hearing of Granada.

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Know more

  • Dolores Delgado

  • Justice

  • Juana Rivas case

Courts Francesco Arcuri appeals to the Supreme Court the pardon granted by the Government to Juana Rivas

JusticeThe Prosecutor's Office will ask that Juana Rivas not enter prison after Dolores Delgado intervenes

JusticeThe Supreme Court admits Arcuri's appeal to the pardon of Juana Rivas and asks the Government his motivations

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