The Criminal Chamber of the High Court of Justice of the Valencian Community has confirmed the verifiable permanent prison sentence against a man for beat a seven-month-old baby to death, who was the son of his love partner, in the family home in Elche.
The court thus rejected the appeal filed by the convicted person against the decision of the TS, which confirmed the penalty of permanent and revisable prison sentence that a jury court of the Provincial Court of Alicante imposed on the convict for the murder of the minor.
The accused defended himself by alleging that the facts constituted the crime of negligent homicide. This appeal was rejected by the Court, stressing that “it is difficult to deny that anyone, in a particularly violent manner, hit a minor, aged seven months at the time of the events, four times in the head, would not have considered the high probability of causing his death, a representation which did not prevent him from developing his behaviour.
And he adds that, at a more objective level of determination, and from the application of the well-known doctrine of probability, “the possibility of this result is more than evident in terms that can easily be classified as highly probable.”
In addition, the child’s mother was acquitted of the crime, but was sentenced to one year in prison along with her partner for a crime of mistreatment.
The crime
The crime occurred in 2021 after a series of previous attacks that ended in tragedy. According to the established facts, on May 15, 2021, while they were in a public establishment, the man reprimanded the minor “with disproportionate violence” and hit him. “a strong slap.”
The Court attributes responsibility to the mother “tolerate” aggression, although he was present instead of protecting his son or recriminating his partner’s action.
It was nine days later, on May 24, that the woman went to work and left the child in the care of the other defendant at the family home. The man then hit him four times. “with great violence the child in the head and caused injuries that resulted in his death.
Compensation
On the other hand, the court also dismissed the appeal filed by the baby’s father in which contested the amount of the compensation of 25,000 euros instituted in the sentence in compensation for the moral damage caused by the death of his son.
He responds in his decision, presented by Judge Leopoldo Puente, that the compensation, although It is certainly inferior to that established in the personal injury assessment system, has not been set arbitrarily, capriciously or without any reasonable justification.
“On the contrary, it is based on reasonable and reasoned considerations, without any substantial reason being found to remedy this,” the judges emphasize.
