Soto Of The Boat

Marta PÉREZ The second Chamber of the Supreme Court criminal has cleared the father de Soto of the boat accused of mistreating their three children under age - a boy and two girls twin - and cause irreversible damage to one of the girls, in three months. The room has estimated the appeal by the lawyer of Javier H. j., the criminal lawyer Asturlex, Pedro Paulino Sánchez. The father had been sentenced in first instance by the Audiencia Provincial de Oviedo to twenty years in prison to consider him responsible for crimes by omission of duty to prevent its Commission», while considered the mother responsible for crimes ' for carrying direct, material and voluntarily facts». The judgment of the Supreme, which this newspaper has had access believes that «there are no elements where inferred that the appellant was able to see some injuries which were necessary medical studies specialized, deal with neurological injuries». In addition, the sentence reads that «if outside little, the expert examination credited that specialized medical tests should be made to see the extent of injury, as presented expert witnesses in the trial". For the second Chamber in the Supreme Court criminal "a contradiction" in the judgment of the Provincial Court «between lack of outward physical appearance of such injuries and attribution to the accused by means of Commission by default, which requires a strengthening of the evidentiary aspect, since, in these cases, the guilt of the agent is its omission». The judgment of the Supreme also stands out as relevant the father of the child «goes to the hospital» and that «this contradiction doesn't explain how can there be an attitude of inaction and other action at the same time, contributing to seek medical attention". Regarding the appeal lodged by the defence of the mother of the small, Elisabeth g. H. Supreme Court deems it partially and absolves her of the crime of usual violence, which had been sentenced to three years in prison. The Chamber does not consider proven that abuse appearing regularly. 'There was a deep and detailed follow-up from the social services which emphasizes that mistreatment of children was never detected,' points out the sentence. The facts date back to 2008 and the trial in the Provincial Court in Oviedo, took place in February of this year.

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