April 14, 2021

Court finds itself not competent in Juana Rivas's complaint against her ex-husband



The Court of Instruction 3 of Granada has declared the non-competence of the Spanish jurisdiction over the new complaint filed by Juana Rivas against her ex-husband, Francesco Arcuri, in addition to the "impropriety" to adopt the precautionary measures he requested regarding his two children.

In the order, to which Efe has had access, the judge agrees to this decision without prejudice to the fact that, once it is signed, the complaint filed in accordance with the Statute of the Victim is sent to the legally competent judicial authority in Italy.

The court decision comes days after Rivas filed a new complaint against Arcuri in Granada for alleged crimes of domestic violence, injuries and death threats to his two children, aged 13 and 5, and requested precautionary measures for children They didn't have to go back to their father.

The order records that the Prosecutor's Office issued a report that considered the adoption of the requested precautionary measures "inadmissible," without prejudice to the complainant's right to request them before the competent Italian court.

The judge maintains that, according to the complaint filed, the events would have occurred, the first of them, on May 29, 2019 in Italy, the second a few days later in the Italian town of Caloforte, and the third on June 6 of 2019, also in that locality, just the day before the children are delivered to their mother on the occasion of the holidays.

The resolution indicates that the facts would have been committed in Italian territory, so that the Spanish jurisdiction would not be competent to know it, nor would other requirements legally provided.

. (tagsToTranslate) Court (t) competent (t) complaint (t) Juana (t) Rivas



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