The Provincial Court of Granada has ratified the sentence of five years in prison to Juana Rivas for the theft of her two children, 5 and 12 years old, when in May 2016 he brought them to Spain and did not take them back to Italy with his father, Francesco Arcuri, as they had agreed. The three members of the court that have studied the appeal of Juana Rivas to the sentence of July of last year confirm this in regard to the sentence of five years in prison and six of disqualification to exercise the country two crimes of abduction.
The decision of the Court of Appeal only modifies the original sentence as regards the indemnity that Juana Rivas must pay Arcuri for moral damages. The judge estimated that amount in July at 30,000 euros and has now been lowered to 12,000.
Enrique Zambrano, Arcuri's lawyer, has told this newspaper that "in reality, what we expected has happened. Although it has reduced the compensation, it is still one of the highest that has been issued in Spain for this type of sentence. " Although Arcuri's defense can request the immediate execution of the sentence, it does not seem likely that Rivas will enter prison in a short period of time. The defense of Rivas can still appeal in cassation to the Supreme Court.
That remedy, "very valued" according to Arcuri's defense, can not contest the facts condemned. That is, the narration of the facts - what happened, why and with what consequences - is fixed by the narration of the sentence. The order of section 1 of the Provincial Court of Granada, composed of two women and three men, strongly upholds the arguments of the judge and in practice confirms everything investigated and sentenced by Judge Manuel Piñar, author of the original sentence .
From there, the appellant can only claim errors in the application of the law by the court. Enrique Zambrano, Arcuri's lawyer, is waiting for his client's instructions regarding asking for the sentence to be executed. In any case, Zambrano sees "little chance that the cassation will prosper in the Supreme." If it is for inadmissibility, at that moment the execution of the sentence could be requested. If not, we would have to wait for the decision of the Supreme Court. This newspaper has tried unsuccessfully to contact Juana Rivas.