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CRIME

Spanish mother jailed for falsely accusing ex-husband of child abuse

A Spanish court has jailed a woman for five years for repeatedly filing false reports about her ex-husband sexually abusing their daughter.

Spanish mother jailed for falsely accusing ex-husband of child abuse
The sentence, which can be appealed, described the mother as a person with a predisposition for "lying". Photo: Gerd Altmann/Pixabay

According to El Mundo daily, the sentence was unprecedented in Spain.

In a ruling handed down by a court in the southern city of Granada which was seen by AFP on Wednesday, the unnamed woman was convicted of filing false allegations, offences against moral integrity and abandonment of parental responsibility.

She was also ordered to pay €40,000 ($42,000) each to the child and her father for the harm caused by her unfounded allegations, which were aimed at securing sole custody of her daughter, now nine.

The court also took away the mother’s parental responsibility for 10 years on grounds she posed “a threat to (her daughter’s) development”, according to court documents dated Monday.

The woman had filed eight reports to the police and the courts over a two-year period, accusing her husband of abuse and on one occasion rape as they were in the throes of getting divorced.

She also took her daughter to be examined by doctors and psychologists on 10 separate occasions.

None of them ever found any evidence of the alleged abuse.

The ongoing gynaecological and psychological examinations had an impact on the child’s “psychological stability and her performance at school”, according to the court documents.

The aim was to “obtain the sole and exclusive custody” of their daughter.

The sentence, which can be appealed, described the mother as a person with a predisposition for “lying” who displayed “shameless cynicism” and “cunning malice with obsessive overtones”.

The couple married in 2010 and had a daughter in 2012. But they split up in 2017 and the problems began a year later when the father, an English teacher, requested joint custody.

After his ex-wife began filing the false allegations against him, he lost most of his students along with his “emotion stability, peace of mind and sense of calm”, the court found.

“It’s like being buried alive,” he told El Mundo.

“It’s trying to kill someone without laying a finger on them… accusing them of the vilest, worst thing that a human being can do: harming your own daughter.”

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CRIME

Shock as Spain tells foreigners how to cancel their criminal record 

Spain's Justice Ministry has caused outrage after it sent out a tweet explaining how foreign nationals can cancel their criminal record online themselves in order to gain Spanish citizenship. 

Shock as Spain tells foreigners how to cancel their criminal record 

It may seem like a dark joke sent out by a disgruntled civil servant, but Spain’s Justice Ministry has indeed informed the country’s 6 million foreigners – including those who’ve committed crimes in the past – how to wipe their criminal history from the system.

“Criminal records can be a problem when it comes to obtaining Spanish nationality or applying for or renewing residence permits,” the ministry headed by Pilar Llop tweeted on Sunday. 

“Here we explain step by step how to request the cancellation of criminal records,” the Justice Ministry went on to say, followed by a link to a video describing the process. 

In the video posted on June 7th 2022, which has so far more than 24,000 views, a narrator goes on to explain that through the digital transformation process that the Justice Ministry is currently undergoing, it’s possible for anyone to personally and officially delete their own criminal record.

“That means that your sentence can be cancelled without you having to apply for it,” the video stressed.

This reportedly applies to both criminal records and sexual conviction records.

Logically, the tweet has caused a mix of incredulity and anger on the Spanish twittersphere, with comments such as “they’re mad”, “is it a joke?”, “God save us” or “instead of kicking foreign criminals out they’re helping them”.

The truth is that the possibility of expunging a criminal record in Spain has already existed for 27 years, as has the option of a foreigner with a criminal record being able to obtain Spanish nationality.

What has changed is the possibility of an automated system allowing citizens, Spanish nationals and foreigners alike, to carry out the expunging process online themselves, rather than having to apply for the Justice Ministry to do it for them. 

What’s also novel, many would say alarming, is that Spain’s Justice Ministry has made this public knowledge to many more people in Spain after their tweet went viral. 

Artículo 136 of Spain’s Penal Code allows people with a criminal record to cancel it once a certain period of time has elapsed and if they have not committed any other felony since the initial sentence. 

For those with minor sentences, the criminal record can be removed after six months whereas for serious crimes (5+ years in prison) the wait is ten years, higher if they’re charged with more than one crime. 

However, there doesn’t appear to be any lifetime prohibition from expunging criminal records for those who have committed the most heinous crimes, meaning that foreign rapists, murderers and paedophiles could technically cancel their criminal records if they met the aforementioned conditions and become Spanish nationals.

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