The Prosecutor's Office will not appeal the sentence of the Superior Court of Justice of Castilla y León that reduced the sentence imposed on Davinia MG, mother of the 4-year-old girl Sara, who was tried for the murder of the child, from 28 to 13 years in prison. died after suffering rape and continued abuse.
The Public Prosecutor's Office has chosen not to appeal the judgment considering that the decision of the Supreme Court includes the latest jurisprudence of the Supreme Court on the non-application of the hyper-taxed type of murder, sources from the Community Prosecutor's Office have informed Efe.
The Prosecutor's Office considers that it was already taken into account that Sara was a minor and therefore vulnerable – alevoy – by condemning her father for murder carried out by commission for omission – not having protected in the way she owed her daughter -.
In order to appreciate the hyper-taxed type that would entail a greater prison sentence, it is again taken into account that the girl was under 16 years of age, which would imply appreciating the same circumstance twice and violating the "non bis in idem" principle – not twice for the same reason, which is why the TSJCyL reduced the sentence.
The Audience of Valladolid sentenced Davinia M.G. to twenty-seven years and eleven months in prison. and a permanent prison reviewable to the couple of the parent, Roberto H.H. -as material author-, for the murder of the child in August 2017 after suffering rape and continued abuse.
After the appeals filed by the parties, the Superior Court of Justice of Castilla y León maintained the penalty for the sentimental partner then of Sara's mother and reduced the one imposed on Davinia M.G.
. (tagsToTranslate) Fiscalia (t) will resort (t) rebate (t) Sara (t) crime