The Criminal Court number 3 of Girona has condemned parents who did not take one of their three children to school "repeatedly" between the courses of 2012 and 2016 for a crime of abandonment of family and has imposed a fine of 1,080 euros
The sentence concludes that the parents, who alleged the child's health problems, did not comply with the obligation to enroll one of their children, who is currently 14 years old, during 4 courses and they acted "with abandonment of the legal duties of assistance, and especially, of the obligation of schooling ".
The judge details how the unexcused absences, which reached a 60% absenteeism rate, began in the 2012-2013 school year, when the child went to the Sagrada Familia school.
The following year he was enrolled in the school Font de la Pólvora, as explained in the trial because it was the closest to home, since the child suffered a heart disease that caused "fainting and breathing problems."
The first year in the new school closer to home absenteeism rose to 64%, and far from reverting in 2015 it reached 78% and in 2016 91% of the school days were absent, causing a situation described as "chronic absenteeism" "
In her letter, the judge emphasizes that "regular attendance at school is one of the fundamental pillars in the education of a minor" and that the consolidation of educational habits is a fundamental task of the parents.
Therefore, it indicates that "encouraging or not to stop repeated school absenteeism is a clear breach of the duties of assistance, which can truncate the possibilities offered to the child to take advantage of life in the field of education, both by the receipt of knowledge , as in the important behavior patterns that can be acquired from the relationship with their teachers and peers ".
According to the sentence, it was not proven in the trial that neither of the two centers he went to told the parents that their son could not be treated because of his health problems.
Although the defense of the defendants said that most of the absences were justified by the mother, the sentence considers that "it does not stop being an excuse for the parents, without any medical support", because in the trial the coroner strongly affirmed that the child "could do a normal school life and that with mere information to the school was enough".
For the judge, the parents had "a repeated behavior that has not been reversed" since the health "did not prevent him from attending class".
Thus, he maintains that "parents can not hide behind the fear that something would happen to their child while they are in school to neglect their legal obligations to provide school assistance".
Therefore, it condemns the parents as the perpetrators of a crime of abandonment of family and imposes a fine of 540 euros on each of them.
For its part, the defense has been in disagreement with the ruling and has already filed an appeal at the Audiencia de Girona.