The Supreme Court has confirmed the sentence of 19 years in prison to a father for murdering his 13-year-old son, of a stab in the chest in 2011 in San Sebastian, in revenge against his wife who had just asked for a divorce, a act that the room calls "antinatura, great evil and perversity."
In the sentence, of which the magistrate Vicente Magro has been speaker, the Room of the Criminal thing rejects the resource of the man against the resolution of the Hearing of Gipuzkoa that condemned to him by a crime of murder with the aggravating one of kinship and imposed a civil liability of 314,000 euros for the mother and the three brothers of the murdered child, all minors than him.
The ruling considers proven that the defendant, as a revenge against his wife, for her decision to divorce – something he told her 13 days earlier – murdered her son suddenly and unexpectedly on December 1, 2011 without the minor I had some opportunity to defend myself.
The resolution emphasizes "the special gravity of the act of killing his own son, and this associated, as a specific motivation, with the decision of his wife to want to divorce, which implies an act of great evil and perversity for which the condemned wanted directing his revenge to the common son with the circumstance of wanting revenge on her ".
A way of acting that supposes "a message of property that is wanted to demonstrate in these cases of the man on the woman" and "a serious act antinatura of great perversidad and rejection", that the magistrates warn that "they are occurring frequently", this is "killing your own children to take revenge on your wife."
"It seeks, with this, to cause the maximum pain to the woman," say the magistrates, "in order to transfer a permanent suffering to his life, as it is to see his own son die in such circumstances, for the made her not want to change her decision to divorce "
Judge Vicente Magro is the same as this Tuesday was rapporteur of the agreement adopted in full by which the Supreme considers that any aggression committed by a man towards a woman who is or has been his partner is gender violence. The sentence corrected the decision of the Provincial Court of Zaragoza, which acquitted a couple who had attacked each other. According to the new ruling, which condemns men for gender violence and women for domestic violence, "it is not necessary to accredit a specific sexist intention because when a man assaults women it is already an act of gender violence. with connotations of power and machismo. "