The Juvenile Court of Santander has already issued a sentence for the murder of Silvia López Gayubas at the hands of her children: it sentences the eldest son, who was 15 years old at the time of the events, to six years of confinement in a closed center, the maximum penalty provided for by the Juvenile Law.
The other son is considered unimpeachable although he was also part of the murder, since at the time of the Facts I was 13 years old (by law it is considered imputable from the age of 14), until now he was admitted to a child protection center, at the direction of the prosecutor.
He Mountain Diary advances that heThe judge establishes the maximum penalty due to “the extreme seriousness of the facts” in the sentence, which affects the “libidinous mood”since “he inserted his fingers into her vagina several times.” He is also imposed three years of supervised release and is prohibited from getting closer than 300 meters to his father, grandparents and maternal uncle.
They simulated a kidnapping
The events occurred in the late evening ofl February 7when the lifeless body of a woman with signs of violence appeared, gagged and inside her car, in the garage of the family home – on Monte Cerredo street in Castro Urdiales – while her two minor children were there. at unknown whereabouts.
Both were found at dawn in the town’s Cotolino park and detained as suspects in the death of the 48-year-old woman, a resident of the Cantabrian municipality and who worked as a guard at the Cruces Hospital, in Baracaldo (Vizcaya).
According to the investigation, the incident occurred after a family fight and the two minors, adopted and from Eastern Europe, killed their mother by stabbing her several times. Then they tried to simulate a kidnapping as an alibi, for which they called their grandmother.
The victim was found on the floor ofthe back seat of her car gagged and with several garbage bags partially covering the body. He had several stab wounds, including in the neck.
The father was away from Cantabria for work reasons, so from the first moment a crime of gender violence. There were no complaints filed by any member of the family.
Closed confinement
The internment in closed regime for the eldest of the two brothers it was agreed by the head of the Investigative Court number 5 of Santander, on guard duty when the arrests took place.
In response to the request of the Cantabria Juvenile Prosecutor’s Office, the magistrate adopted that provisional decision, for six months and extendable for three more, due to the alleged commission by the minor under investigation, who was 15 years old at the time, of a crime of murder.
The minor was admitted to the Parayas Youth Socio-Educational Center, after being detained in the early hours of the morning of the events and being placed at the disposal of the Juvenile Prosecutor’s Office the following noon. where it was explored by the technical team assigned to the Juvenile Court, which issued a report.
Afterwards, the public prosecutor’s office took his statement and then asked the Court to adopt a precautionary measure of detention, for consider that there were indications that he is the author of a crime of murder.
Having received this request, the Santander Police Court, which outside of hearing hours assumes the functions of the Juvenile Court, held an appearance, with the boy’s presence.
In it, the technical team reported on their situation and the Prosecutor’s Office was interested in adoption of the aforementioned precautionary measure, with which all the parties present showed their agreement.
His 13-year-old brother – who would also be involved in the events but who is not responsible for being under fourteen – was admitted to a child protection centerat the direction of the prosecutor.
Minors
The jurisdiction of minors is regulated by the Law of Criminal Responsibility of Minors, which in the year 2000 created the Juvenile Courts.
According to it, the investigation of the case – carrying out all the procedures that are deemed appropriate to clarify the facts – corresponds to the Juvenile Prosecutor’s Office.
The Juvenile Judge, for his part, stands as a guarantee judge that only intervenes when it is proposed to adopt some measure or carry out some diligence that involves a limitation of rights.
Once the investigation by the Prosecutor’s Office is completed, if there is room for prosecutionalso corresponds to the Juvenile judge.
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