The judicial unit inaugurated in the City of Justice of Murcia must review 5,000 incapacitation sentences, which the new law requires that it adapt to the new regulations within a period of three years from its entry into force
The Superior Court of Justice of the Region of Murcia has two new judicial units as of this Thursday: the fourth Family Court, specialized in Disability Support, in the judicial district of Murcia, and a new magistrate position in Section 5 of the Provincial Court, displaced in Cartagena.
The new court, which was inaugurated by the president of the TSJMU, Miguel Pasqual del Riquelme, will take on matters related to incapacitation procedures; non-voluntary hospitalizations due to mental disorders of people who are not in a position to say so for themselves; the appointment of a judicial defender for people with disabilities; judicial authorization for the sale of assets of people with disabilities; the acceptance and repudiation of inheritance and the review of the incapacitation sentence, which the new law requires that it adapt to the new regulations within a specific period of 3 years from its entry into force.
This control of sentences means that since its launch it already has an overload of work with some 5,000 cases on the table. “These suppose a large volume of work for, because not only do you have to review it without doing it within a certain period,” said Cristina Franco, magistrate judge of the Family and Disability Support Court.
In this sense, the dean of the judges of the judicial district of Murcia, Lorenzo Hernando, explained that in these conditions it will be very difficult to carry out this examination of the matters, which must be done by the Prosecutor’s Office or ex officio by the court. . “With the normal entry of daily cases, which is estimated at about 700 per year, there is no problem, but the review is an addition to ordinary work, that is difficult to face if more means are not given.” Thus, he indicated that there is a shortage of judges, lawyers, forensic doctors, prosecutors, officials, social workers, “there is nothing like that. We are pulling the municipalities, but it is already causing problems of how much work we send them ».
The Court of Instance number 18 has been constituted since its inception as the fourth court specialized in Family matters, and has exclusive support measures for disability. This completes the reinforcement of the Family jurisdiction in the Region of Murcia, which began in December 2018, with the creation of the second specialized family court in the Cartagena judicial district, sources from the TSJ indicated.
«The Government Chamber of the TSJRM has taken advantage of the creation of a new court, which in principle was for civil jurisdiction, but we wanted to support both the family jurisdiction with this court, number 18, it becomes the fourth Court of Family of the capital, as well as people with disabilities, because this court within the family specialty has the exclusive subspecialty of working with all support measures for people with disabilities, “said the president of the TSJMU, Miguel Pasqual del Riquelme .
With the start-up of the court and despite the lack of resources, Del Riquelme pointed out that more specialized attention is expected to be given both to families in a situation of marital or couple crisis, on the one hand, and, on the other hand, to people who need support measures due to disability issues.
“Urgent and urgent” needs
As for the shortcomings, the president of the TSJRM once again described the needs for justice in the Region as “enormous.” Thus, he stated that there is an extraordinary plant deficit. «We would need 16 more courts to put ourselves in the national average, which is 11.9 judges per 100,000 inhabitants; we are at 10.7. The Government Chamber has wanted to specify for next year what the highest priorities are and five have been established, with which the needs of the Region are not met at all, but for next year it seemed appropriate ».
In this sense, he claimed as “urgent and urgent” a Violence against Women court, which would be number 3 in Murcia, “with the vocation of also absorbing the Violence against Women of Molina, and in this way discharge it; two Civil Courts in Murcia; a Civil court in Cartagena, and a mixed court in Lorca, “which would allow us, being the eighth, to divide jurisdictions and in the future to specialize a court also in Violence against Women, since these matters must be dealt with in a specialized”, concluded Del Riquelme.
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