The Provincial Court of Barcelona ratified this Tuesday the judicial decision that keeps the parents accused of assaulting their baby in preventive detention. The magistrates dismissed the appeal filed by the defense and confirmed the most severe precautionary measure while the investigation of the case progresses.
The Prosecutor's Office maintains that there are unequivocal indications of criminal liability against the parents for the imputed crimes. The public prosecutor considers the guarantees offered by the lawyers insufficient to release the investigated individuals during the processing of the case.
The flight risk marks the decision
The defense lawyers requested provisional release based on the social and family ties of the couple. They also argued the impossibility of criminal repetition given that they have no other children under their guardianship nor cohabitation with vulnerable minors.
The prosecutor rejected this line of argument by pointing out the high prison sentences they face if convicted. This circumstance increases, in the opinion of the public prosecution, the probability that they will try to evade justice.
"It is essential to avoid possible pressure on future statements from family members" - Prosecutor's Office sources
Fiscal sources also highlighted the need to protect the integrity of the testimonial procedure. They consider that the freedom of those under investigation could facilitate maneuvers aimed at conditioning the versions of other relatives involved in the case.
The lawyers flatly dismissed that possibility, recalling that the key family members have already given statements to the Mossos d'Esquadra. The police investigation would have already collected the essential testimonies to clarify the reported events.
A hospital tour prior to definitive admission
The baby was admitted on March 16 to the Vall d'Hebron Hospital in Barcelona after the child abuse protocol was activated. Doctors at San Pablo Hospital detected injuries incompatible with the initial version provided by the caregivers and transferred the minor to the reference center.
Before arriving at Vall d'Hebron, the child went through a primary care center and the Hospital de San Juan de Dios. In these first visits, the severity of the injuries the infant presented was not immediately identified.
The parents are 42 years old he and 43 she and have been detained since mid-March. They face charges of habitual mistreatment very serious injuries and sexual assault when the victim was just over a month old.
On April 15, the minor was discharged from the hospital and was taken in by an external family. This protection measure guarantees his care while the courts determine the definitive legal situation of his biological parents.