The Office of the Public Prosecutor of Madrid will appeal for the acquittal of Dr. Eduardo Vela, the only defendant in the first trial of stolen babies in Spain, who has been held responsible for the theft of a newborn in 1969 but who has been freed from criminal charges for having prescribed the crimes .
The Public Prosecutor's Office has informed that it will interpose in the next days an appeal of cassation before the Second Chamber of the Supreme Court against the ruling of the Provincial Court of Madrid, which will be added to the one presented by Inés Madrigal. In both cases, they have five days to file briefs.
The Office of the Prosecutor will request in its appeal that the statute of limitation be revised as it is contemplated in the judgment as it constitutes an infraction of law, an aspect included in article 849.1 of the Criminal Procedure Law (LeCrim).
The prosecutor requested 11 years in prison for the crimes of illegal detention, presumption of childbirth committed by a doctor and falsehood in an official document, while the private accusation exercised by Inés Madrigal raised her petition at 13 years of age.
The magistrates consider Vela the author of the three crimes "incontestably" when in 1969 he gave the marriage formed by Inés Pérez and Pablo Madrigal "a girl a few days old outside the legal channels, simulating the existence of a birth that it had not been produced and establishing a fallacious affiliation. "
"And all this without evidence that there was consent or even knowledge on the part of the parents of the newborn, being the defendant, the person who made the fallacious certification about the alleged birth of Ines, knowing that such a fact was not true ", adds the sentence.
In spite of being proven that Dr. Vela certified with his own hand that Inés Pérez gave birth in his presence on June 4, 1969 to a girl, which never took place, that girl was delivered without consent to that marriage and Thanks to these maneuvers, the newborn could be registered in the Civil Registry as her biological daughter, the magistrates absolve her for prescribing the crimes.
The Chamber thus welcomes the defense's thesis which considered that the facts had prescribed, since, being three related crimes, the limitation period is taken from the most serious one, which in this case is that of illegal detention, for 10 years , so when Inés Madrigal denounced the events in 2012, the crimes had been prescribed for fifteen years.