Doctor Vela acquitted on prescription in the first judgment in a trial of stolen babies in Spain
The Provincial Court of Madrid has acquitted Dr. Eduardo Vela , 85, the only defendant in the first trial of stolen babies in Spain , having prescribed all the crimes that were charged for allegedly having participated in the theft of Inés Madrigal in 1969 .
In the judgment, the Seventh Section of the Court of Madrid considers him guilty of all the crimes – illegal detention, presumption of childbirth committed by a doctor and falsehood in an official document – but acquits him of all of them by determining that the beginning of the prescription had place in 1987, when Madrigal came of age.
The magistrates consider Vela the author of the three crimes “incontestably” when in 1969 he gave the marriage formed by Inés Pérez and Pablo Madrigal “a girl a few days old outside the legal channels, simulating the existence of a birth that it had not been produced and establishing a fallacious affiliation. ” “And all this without evidence that there was consent or even knowledge on the part of the parents of the newborn, being the defendant, the person who made the fallacious certification about the alleged birth of Ines, knowing that such a fact was not true “, adds the sentence of 61 pages.
In spite of being proven that Dr. Vela certified with his own hand that Inés Pérez gave birth in his presence on June 4, 1969 to a girl , which never took place, that girl was delivered without consent to that marriage and Thanks to these maneuvers, the newborn could be registered in the Civil Registry as her biological daughter, the magistrates absolve her for prescribing the crimes.
The Chamber thus welcomes the defense’s thesis which considered that the facts had prescribed, since, being three related crimes, the limitation period is taken from the most serious one, which in this case is that of illegal detention, for 10 years , so when Inés Madrigal denounced the events in 2012, the crimes had been prescribed for fifteen years.
And although the illegal detention is permanent, that is, its consummation is not exhausted in the act of theft but “continues to be carried out while the situation of confinement or deprivation of liberty is maintained”, the Chamber admits that “the limitation of freedom ends at the moment when the minor reaches the age of majority “ . It is from then on that “his freedom is exercised independently, without needing the help of his guardians or guardians,” says the resolution that Madrigal has already announced that appeal in cassation before the room II of the Supreme Court.
In addition, the Chamber notes that Inés Madrigal began to know her true family situation when she reached the age of majority, so “evidently, from that moment on, she was able to carry out the investigations and actions that she considered convenient” since she did not depend on anyone. Unlike the crime of illegal detention, the other two – the assumption of childbirth and falsehood – are not permanent although their effects are perpetuated over time, so the prescription begins to count from the moment they are consumed.
In its ruling, the Chamber refuses to deduce testimony against Vela’s wife for not having wanted to disclose who are the biological parents of Inés Madrigal considering that it has not been proven that the witness had knowledge of her true identity. And he points out that neither the biological parents of the complainant have been known nor the registry books of the San Ramón Clinic in Madrid.