Partial pardon granted to Juana Rivas by the Council of Ministers – CVBJ
11/16/2021 at 10:15 PM CET
The Council of Ministers granted this Tuesday a partial pardon to Juana Rivas, sentenced to two and a half years in prison for kidnapping minors for not having delivered her children to her ex-husband.
Government lowered the prison sentence to one year and three months, and the six-year special ban on exercising parental authority has been commuted to 180 working days for the benefit of the community.
The pardon, specifies the Ministry of Justice in a press release, is provided that Rivas does not commit the same crime for which she was sentenced within 4 years from the publication of the royal decree granting this pardon.
Rivas is serving his sentence at the Matilde Cantos de Granada Social Integration Center (CIS) after the Prison Supervisory Court upheld the prosecution’s appeal against the third degree he had initially granted.
The events for which she was convicted took place in the summer of 2017, when he went without news for a month with his two children not to hand them over to the father, who in turn was convicted in 2009 for having injured her and whom she had again denounced for abuse in 2016.
The the original sentence for two child abduction crimes has been lowered by the Supreme Court to two years and six months in prison for a single offense, in addition to the deprivation of parental authority.
In its mandatory report on the request for pardon to Rivas, the Court of Cassation unanimously opposed a total pardon, considering that the penalty was “proportionate to the seriousness of the facts prosecuted”, but not is not agreed on the part: eight magistrates supported it and eight others opposed it.
The first group appealed to “the interests of the minor”, after having analyzed new documents submitted by the mother on the situation of “anguish” experienced by the eldest son due to the separation from his mother and children. alleged abuse from the father, but another group questioned whether the best interests of the children could only be known from information provided by one of the parties.
“Upper interior of miners”
The prosecution, for its part, had supported the granting of a partial pardon., reducing the prison sentence to six months, up to two years, and leaving the inability to exercise parental authority in four years, instead of six.
The government finally decided to go further, to halve the prison sentence and to commute the inability to exercise parental authority, which brings her closer to her children.
And it did so, adds Justice, “taking into account the reasons of justice and equity, fundamentally respecting the best interests of minors”.
Likewise, continues the department headed by Pilar Llop, “it is appreciated that the pardoned woman does not have a criminal record, has satisfied her civil liability and has complied with court decisions relating to custody and custody, as well as the terms and conditions of the visitation regime. “
The justice ensures that the decision of this measure, which is provided for by the Constitution and the law, complies with the report of the Public Prosecutor’s Office, which is favorable to the granting of a partial pardon.
In this sense, it also recalls that the Supreme Court was opposed unanimously but did not exclude the partial, on which it decided not to rule in a confrontation between magistrates.