2024-03-13 13:30:00
The head of the Court of Instruction 1 of Torrevieja has agreed to file the complaints filed by an association and a foundation against the mayor and the city’s Festival Councilor, in relation to the parade of minors from a troupe at the carnival of this city celebrated last February 5.
The magistrate, in accordance with the criteria expressed by the Public Prosecutor’s Office, understands that the perpetration of the reported crimes has not been duly justified, specifically a crime against sexual freedom in its form of corruption of minors.
According to the instructor, once the actions were examined, with the documentary and graphic evidence of the event held, where minors participated in the parade “with clothing that was not at all appropriate to their age,” the facts do not allow the “formulation of a imputation founded on law”.
Thus, the judge recalls in his order, against which there is an appeal, that the carnival is an event that by its very nature is characterized by being “a period of permissiveness and a certain lack of control in which people dress up, parades and street parties”.
In this sense, it considers that in no way has the parade carried out by the troupe affected the sexual freedom or harm of minors, since there is no evidence that any of them were “forced to participate against their will” nor is there evidence complaint against the parents or guardians of participating minors in which they allege ignorance of the theme chosen to parade or the costume.
In this way, and taking into account the context in which the events and other circumstances developed, “in accordance with the principle in doubt for the defendantrelated to the presumption of innocence”, the magistrate does not appreciate the concurrence of “elements to penalize the commission of the reported crime.”
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