Judge Manuel Piñar, who in July 2018 sentenced Juana Rivas to five years in prison and the loss of six years of parental authority of this mother over her two minor children, has annulled this sentence of deprivation of legal age on Thursday. ability to make relevant decisions about the future of their children. The children are now 15 and 7 years old and reside in Italy with their father, Francesco Arcuri, who also has their custody by order of an Italian court, in a decision that, on the other hand, will be reviewed this Friday in the same court Italian.
Judge Piñar, responsible for the criminal court number 1 in Granada, has made that decision after having received the official communication of the partial pardon that the Government adopted in the Council of Ministers last Tuesday. The Government decided that day to commute the deprivation of liberty of two and a half years decided by the Supreme Court a few months ago to another of one year and three months in prison, and the penalty of special disqualification for the exercise of parental authority by the penalty of 180 days of work for the benefit of the community, provided that she does not commit the same crime for which she was convicted within four years from the publication of the royal decree. The Government has justified this decision, according to the text of the decree published in the Official State Gazette, in the “best interests of minors” and in the “circumstances of the convicted person”. Enrique Zambrano, Arcuri’s lawyer, announced after knowing the pardon that he would appeal it in the Administrative Litigation Chamber of the Supreme Court.
Likewise, according to sources from the Superior Court of Justice of Andalusia (TSJA), the judge has summoned Juana Rivas to the Social Insertion Center where she is serving her sentence in a regime that allows most of the children to sleep at home. days to prepare the “corresponding plan to comply with the new work penalty for the benefit of the community.” On the other hand, the TSJA has reported that the court has not yet received the petition, announced by Rivas’s defense attorney after hearing the pardon, for the suspension of the 10-month prison sentence that he still has to serve.
A media case
The Juan Rivas case became a matter of media interest in July 2017, when Juana Rivas was summoned for the third time by a court to hand over her two children to Francesco Arcuri. A year earlier, Rivas had returned to his home in Maracena, in Granada, with the two children from Carloforte (Sardinia, Italy) where they all resided since 2013. Once in Maracena, Rivas informed Arcuri that he was not going to return to that house. and denounced him for mental and physical abuse. Rivas did not attend that third notice of the Spanish justice system and disappeared with the children for a month. When he handed them over to his father, he returned to Italy with them where they still live and where Juana Rivas can visit them on weekends. The children have traveled to Spain on occasion, in accordance with the decision of the Italian courts, during the Christmas and summer holidays.
On the other hand, in Italy it is decided this Friday who will definitively have custody of the two children. In April 2017, Arcuri obtained provisional custody of both, which was endorsed by the Italian courts in March 2019. Juana Rivas appealed and tomorrow will be the review of that appeal. Rivas’s lawyers have announced that they will attend that court appointment with the intention of obtaining sole custody and bringing the children permanently to Spain. Rivas’s lawyers have reported after the pardon that in Italy there are still eight complaints from her against her ex-partner for mistreatment of children and on which the courts have not yet ruled.
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