June 20, 2021

A judge in Asturias sees evidence of criminality in parents who do not send their children to class because of the covid

The parents investigated from Cangas del Narcea because their children do not go to class

The parents investigated from Cangas del Narcea because their children do not go to class

The court sees Evidence of crime in the fact that parents from Cangas del Narcea (Asturias) do not send their children to class for fear of covid. The titular magistrate of the Court of Cangas del Narcea, once practiced all the investigation procedures considered necessary and indispensable for the determination of the nature and circumstances of the criminal act – she took a statement from them a week ago – has just issued an order in which orders that the processing of the preliminary proceedings against Felipe CB and Teresa MS continue, in the abbreviated procedure modality, in case the events reported in the proceedings and charged to are constitutive of a crime against family rights and duties, in the form of family abandonment and a crime of disobedience.

The parents presented several letters to the centers in which they assured that “the limitations to the context and movement imposed by the sanitary measures derived from the pandemic prevent motor and neurological development necessary for the deployment of vital cognitive abilities for learning and that the imposed social distance generates feelings of distrust towards others, devitalizes relationships, hinders empathy, the development of social skills, such as generosity, altruism, cooperation and helping others, among others ” , considering that it is better for your children to remain at home. They will proceed to transfer them to the Public Prosecutor’s Office and, where appropriate, to the individual accusations, so that, within ten days, they request the opening of the oral trial formulating a statement of accusation, the dismissal of the case or, exceptionally, the practice of complementary proceedings.

For the magistrate, of the investigation procedures carried out in this procedure “the existence of rational evidence of criminality that allows, with the provisional nature of the procedural moment in which we find ourselves, “charge the parents of the minors with the crimes referred to above. Against the order, which is not final, an appeal for reform and subsidiary appeal may be filed.

It was the Prosecutor’s Office that filed a complaint in relation to the lack of class attendance of two students from the area whose parents decided not to send them to class due to fears related to the covid. after the direction of the institute warned of the absent class of the boys. The parents were dictated to testify on the 17th. East of Cangas is going to be one of the first trials in Spain for a crime of family abandonment and disobedience against some parents for protecting their children’s truancy specifically reasoned in the protection against covid.

In mid-December, the prosecutor required parents to comply with the obligation to guarantee their children’s schooling in a standardized center, reminding them that home education is not legally permitted in Spain. At that time, they were also informed that serious breach of this obligation could constitute a crime. However, after the Christmas holidays, the minors, aged 10 and 14, did not attend class either. On January 18 and 19, 2021, respectively, none of the siblings had joined the classrooms, according to the school centers informed the Prosecutor’s Office.


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