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The fourth section of the Provincial court of Valencia has estimated the resources of the office of the Prosecutor and the accusations and has cancelled the acquittal, for the three people who wrote offensive messages on social networks and wanted death to a child sick with cancer that I wanted to be a bullfighter.
The cause was opened by the Court of Instruction number 5 of Alzira (Valencia) in the wake of the offensive comments that target in social networks the child’s Adrian Hinojosa against three tweeters: a woman of Eibar that resides in Elgoibar (Guipúzcoa), a young ecuadorian resident in Sant Boi de Llobregat (Barcelona) and another from cadiz, who resides in Valencia.
in The past month of September the holder of the Criminal Court 2 of Valencia handed down a sentence of absolution against the three processed to not appreciate the offence of incitement to hatred, against the moral integrity or mental cruelty.
The messages were written in October 2016, after holding a run charity that aims to raise funds for Adrian, who was then 8 years old, and who passed away six months later because of his illness.
Although the judge called some of the statements made of “slippery” or “repulsive”, it was not appreciated in them a crime of hate , against the moral integrity or mental cruelty, contrary to what is claimed, as the case may be, the office of the Prosecutor, the private prosecutor and popular action, which called for sentences of between one and three years of prison for those involved.
One of the tweeters, the resident of Valencia, published the following message: “How much more unnecessary is being done with the recovery of Adrian, the child who has cancer and who wants to be a bullfighter and cut ears . Do not say by your life, that matters to me two balls, but because you are probably being treated in the public health sector, with my money.”
The accused was published: “I’m Not going to be politically correct. Die, die already. A sick child who wants to be cured in order to kill herbivores innocent and healthy, they also want to live. Anda already. is Adrian, are going to die “.
The third, resident in Sant Boi said: “Pathetic is that defendáis to a child who prefers to kill an animal, I wish Adrian kill your mother and die.” .
In a resolution to which has had access Efe, the Audience has estimated the appeal filed by the prosecutor delegate of Hate crimes, Susana Gisbert , who concurred with the court of First Instance in that it did not apply the hate crime in this case, but he insisted that the accused knew the specific circumstances of the child and that the advantage to attack.
The chamber considers in this regard that “it is evident that what is done, by means of the writing in social networks constitutes a crime against moral integrity. By moral integrity should be understood to a human value, a legal right to autonomy of its own, separate and distinct from the rights to life, physical integrity, freedom and honour”.
“This is what it seems happened in this case”, he adds noting that “the expressions with which the accused gave to the less ill integrate it, in the judgment of this Court, an act attempt to the moral integrity of the child, that he learned of this and, by most that hath the biggest concern , as it was the illness that ended up carrying it, must have cause, as objectively as cause, an intense pain of the soul, which is what integrates the core of the crime.”
For this reason, “not having reviewed this in the sentence,” the Audience added that it was “one of those cases that make it possible, that this Court may decide the declaration of the nullity of , and the holding of a new trial must be held, as is now provide a statement, before a judge other than”.