The agitation that spreads the Seville neighborhood of Madre de Dios due to the discovery of a newborn in the doorway of a block is unfortunately not new in the province. And on December 18 … In 2023, just two years ago, the town of Los Palacios and Villafranca was shaken by the discovery of a baby, also a few hours old, inside a trash can, from where he was taken by neighbors alerted by his cries.
This case, that of Los Palacios, not only celebrates its second anniversary today, but depending on the circumstances, it could constitute a precedent for the hypothetical judicial aspect derived from the discovery of this newborn homeless in the middle of December and still with his umbilical cord, in front of a door on Cráter Street, a pedestrian area in the Madre de Dios neighborhood.
The parallels are clearsince in both cases it involves the abandonment of newborns delivered in contexts other than a hospital center, that is to say without the appropriate hygienic and health guarantees; leaving these babies at the mercy of their fate, positive in both cases thanks to the intervention of the neighborhood and the work of the Juvenile Service of the Andalusian Government. So this Thursday is Nieves’ second birthday, as the baby was named Los Palacios once he was welcomed by a family.
The sentence in the Los Palacios case
His mother, María de los Ángeles VV, was sentenced in early November to twenty years in prison for attempted murder. with the aggravating circumstance of parentage and the mitigating circumstance of drug dependence, after being tried in October by the Third Section of the Court of Seville.
It was no use to her to claim at trial that she had never been aware of her pregnancy, that she was “shocked” by a birth she had not imagined. because he thought he was going to “disappear” in the toilet and ordered José Antonio LV, a man with serious limitations in his intellectual and volitional faculties and who was acquitted for this reason, to leave the baby next to the trash cans but not in one of them, so that someone could retrieve her, according to his thesis, which the court did not believe.
In the opinion of the magistrates, the investigator “From the beginning, he intended to end the life of his newborn daughter”; because “he was aware of the little chance of survival of the minor, taking into account the existing weather conditions (month of December), as well as the characteristics of the place, since the place where the young girl was going to be abandoned was a little frequented place”.
The magistrates also considered it proven that at the time of the events, this woman from Los Palacios was a user of toxic substances which limited their powers of understanding and love, like cocaine and hashish.
The cases of Madre de Dios and Los Palacios present parallels and coincide almost on the same date of the year
Also in this case, that of narcotics, there would be a parallel, since a neighbor of Madre de Dios would have identified the baby’s mother to the national police. In his ABC story, he explained that two weeks ago he spoke with the baby’s mother, “a local drug addict”and she assured him that she was pregnant because she had been the victim of a “sexual assault.”
In the case of the sentence handed down against the mother of Los Palacios, already deprived of custody of Nieves, the magistrates warned that “In cases where the victim is a newborn or a child incapable of defending himself, the assessment of treason immediately leads to the qualification of the act as murder. and, consequently, the aggravating circumstance, becoming impossible to apply to the offense of homicide.
Hence the heavy sentence of 20 years in prison imposed on the said mother, a sentence to perhaps be taken into account in the face of the future of the legal file derived from the case of this other baby from the Madre de Dios neighborhoodwhose life also fortunately made it possible to overcome this critical situation.
About The Author
