Courts

Justice decides if the parents of the allegedly abused minor remain free or continue in prison

The Barcelona Provincial Court holds a hearing this Tuesday in which it will determine the immediate future of the couple

The Palace of Justice of Barcelona, seat of the TSJC. PERE VIRGILI
05/05/2026
2 min

BarcelonaThe Barcelona Court of Appeal is holding a hearing this Tuesday morning to decide the immediate future of the couple under investigation for allegedly mistreating and sexually assaulting their newborn baby of a few weeks. Before the verdict, both the Prosecutor's Office for violence against children, which wants them to remain in prison, and the lawyers for the child's father and mother, who have requested that they be allowed to await trial in freedom, will present their arguments.

The couple, a 42-year-old man and a 43-year-old woman, have been in provisional prison since March 20. At that time, among the reasons for imprisoning them were the risk that the assaults would continue and the possibility that they might try to flee given the severity of the penalties they could face.Before being arrested, the child's parents had made . In fact, the Department of Health is now considering sanctioning the centers that treated the infant before the child abuse protocol was activated.

In mid-April, the infant was discharged after a month in hospital and went to an emergency foster family. Emergency foster families take in children for a maximum of six months. After this period, depending on the case, the child may go to another more permanent foster family or to a member of the extended family.Tests to study

Among the evidence collected so far that will serve the court in deciding on provisional detention are the testimony of various people close to those investigated, that of the doctors who attended the child, and that of a woman with whom they shared a room at the Vall d'Hebron Hospital in Barcelona. This witness alerted hospital staff that the child was not being well cared for, and they finally activated the protocol against child abuse. Specifically, the woman alerted that the man was abruptly shaking the infant's crib.

Together with the appeal to try to get out of prison, the baby's father also presented a medical report signed by a private doctor that states that the man is a carrier of a gene related to muscular dystrophy and collagen deficiency. With this, the defense raises the possibility that the baby is a carrier of this gene and the hypothesis that it may be the cause or trigger of the detected injuries.

On the other hand, both the mother's lawyer and the father's lawyer allege that the anal injuries detected in the baby are due to intestinal problems and not sexual assault.

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