• Third grade Juana Rivas will be able to spend Christmas with her children and sleep outside the CIS under telematic control

  • Before the Court, Juana Rivas appealed against the Granada judge who denied her release from prison to be able to spend Christmas with her children

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

The controversial arguments with which Judge Manuel Piñar denied Juana Rivas

parole

despite the partial pardon of the Government are only "purely personal assessments and assessments" for the Prosecutor's Office, which has appealed directly to the Provincial Court of Granada the order of the Criminal Court number 1 to demand his immediate release.

The State Attorney General's Office has been in charge of announcing this Friday the filing of the

appeal

before the Granada Court on understanding that Rivas does comply with all the legal requirements established in the Penal Code to enjoy conditional freedom.

But beyond aligning with the defense of Rivas - and with the ex-husband, Francesco Arcuri, who also asks to be released - the Public Ministry charges very harshly against the magistrate whose reasons for refusing release he completely disagrees.

Thus, the Prosecutor's Office assures that

it has not been verified

"objectively" and "with the data in the case" that Rivas, as Judge Piñar says, has not repented of the events that led to his conviction, having fled with his children in 2017 not to give them to the father.

A repentance, adds the Prosecutor's Office, that "it is not necessary" to agree to the suspension of the sentence.

Likewise, it points out that there has been no evidence regarding the repetition of the crime, that is, that it could repeat that escape. And even less the allusions to the alleged abuse of one of the children in a case "that was dismissed" for not being "duly justified" the existence of the aforementioned abuses. But, in addition, the Prosecutor's Office adds, at no time in that case was

any

responsibility

attributed to

either the mother or the father or any other person in the minor's environment. "Neither by action nor by omission", emphasizes the Public Ministry that dismantles, thus, the serious accusations that the magistrate included in his car and that they had the mother as the addressee.

Regarding the suspension of the sentence, once the Government reduced the initial two and a half years in jail to one year and three months, the Prosecutor's Office maintains that Rivas has paid his pending account with the Justice and "has satisfied his civil responsibilities ". Likewise, it highlights that it has a

favorable reintegration prognosis

and that it has complied with the grounds of the sentence that condemned it "since it has been scrupulously complying with the visitation regime established by the Italian justice."

There is, in addition, a fact that the Public Ministry highlights and that it considers very relevant, the fact that the ex-husband has also requested the freedom of Rivas, to which is added that the Italian courts have granted the mother a

broad regime of stay

during Christmas with their children, "which shows the confidence of that civil jurisdiction in the exercise of the right of visits by Mrs. Rivas," says the Prosecutor's Office.

Although, above all, he emphasizes that what he has taken into account the most when appealing the denial of the suspension of the sentence and the freedom of Rivas is "the best

interests of the children

", that they can "recover and normalize the relationship with his mother. "

Change of prison regime

Despite the denial of the suspension of the sentence, and while the appeals are being resolved, Rivas will be able to spend

Christmas

with his children by modifying the

third degree modality at the

Social Insertion Center (CIS) of Granada

, and it will be applied from the 22nd December article 86.4 of the

Penitentiary Regulations,

which allows telematic control to avoid spending the night in the penitentiary.

According to prison sources informed Europa Press, Juana Rivas has to continue spending the night in the CIS - even beyond the 22nd - until the

bracelet for telematic control

is installed

.

In addition, the treatment board of the CIS of Granada has approved that he can leave from 8 a.m. to 10 p.m., as well as that he enjoy permits every weekend.

The decision has been adopted, according to these sources, within the review of the prison classification that is carried out regularly every six months.

Juana Rivas, who has already completed her treatment program at the CIS

Maltide Cantos de Granada,

will be able to take care of her children during the Christmas holidays, in a decision endorsed in this case by the Italian judge

.

According to the criteria of The Trust Project

Know more

  • Justice

  • Juana Rivas case

  • Andalusia

Justice Juana Rivas asked that the alleged abuse of her son not be investigated and the justice made him ugly: "It goes against the interests of the minor"

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

CourtsJuana Rivas appealed against the Granada judge who denied her release to be able to spend Christmas with her children

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