Wednesday, December 8

The Supreme Court rejects the total pardon to Juana Rivas but leaves the door open to a partial one

The criminal chamber of the Supreme Court has taken a position against granting a total pardon to Juana Rivas, Maracena’s neighbor sentenced to two and a half years in prison for holding her children for a month so as not to hand them over to her father, by that he accused of mistreatment. The judges have also not agreed on a possible partial pardon and have tied with eight magistrates in favor and eight against.

The Supreme Prosecutor’s Office supports the partial pardon for Juana Rivas

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The chamber presided over by Manuel Marchena, therefore, has sent the Government a report that includes both positions on the possible partial pardon. His work to inform about the measure of grace, therefore, “does not suffer in anything, on the contrary, it is enriched with the joint exposition of the reasons supported by one and the other”.

The Prosecutor’s Office presented its own report a few weeks ago and did support a possible partial pardon for the neighbor of Marcena (Granada). The Public Ministry rejects the granting of a total pardon for his entire sentence, but it does grant a reduction of half a year so that it does not imply compliance behind bars. Rivas was released from prison in June of this year to serve his sentence at home and under telematic control but re-entered prison a month later.

Juana Rivas was convicted of a crime of child abduction. She was unaccounted for a month with her two children in the summer of 2017 so as not to hand them over to her ex-husband, Francesco Arcuri, who had already been convicted in 2009 and who was then accused again of sexist violence. At first, the Andalusian courts imposed five years in prison but the Supreme Court, with the support of the Prosecutor’s Office, left his sentence in the middle, understanding that he should only be punished for a crime, even if there were two children.

The sentence of two and a half years meant his effective entry into the Matilde Cantos de Granada Social Insertion Center (CIS) to serve his sentence. The authorities granted him the third degree shortly after, but it was established that he could go out two weekends a month.