11/26/2021 at 08:23 CET
He had not reached the age of 18 and, presumably, he was manning a dinghy that arrived from Africa to the coasts of the Region of Murcia. The Juvenile Prosecutor’s Office investigated in 2020, for the first time, an adolescent as the alleged author of a crime against the rights of foreign citizens, they report from this department.
The minor is accused of a crime contemplated in article 318 bis of the Penal Code, which states that “the one who intentionally helps a person who is not a national of a Member State of the European Union to enter Spanish territory or transit through of the same in a way that violates the legislation on entry or transit of foreigners, will be punished with a penalty of fine from three to twelve months or imprisonment from three months to one year».
When the boy was questioned, at no time did he admit to being the author of the crimes he was charged with
The one that presumably directed this minor was one of the barges that arrived on the Murcian coast during 2020, the year of the pandemic. When the boat was intercepted, and its passengers were placed in charge of the National Police, a body that has jurisdiction over Immigration, all foreigners, when asked, agreed to say that the driver of the boat was the adolescent, until then treated as a migrant more.
The minor then happened to be in the capacity of investigated. Your age determination file and it was confirmed that he was not 18 yet. Hence, the case was placed in the hands of the Juvenile Prosecutor of the Region.
When the boy was questioned, at no time did he acknowledge being the author of the crimes he was charged with. However, given the evidence against him, his internment in a center for minors in the Region, on a precautionary basis. The most restrictive measure was agreed because it was a person who had no domicile in the Region, or roots.
In search of the witnesses
However, the maximum duration of the precautionary measure of internment of a minor in Spain is six months. If after this period no sentence has been handed down, the suspect has to be released. This is what happened in the matter of this alleged paterista, explain sources close to the case: the adolescent could not be tried because the witnesses who, when arriving in the Region on the barge, had disappeared, said that he was the ‘captain’ of your shipping without papers. These foreigners were missing. It should be remembered that, since they have not committed any crime, 72 hours after arrival they can be free. Then they are offered to be part of the reception program of the Ministry of Migration, something that many decline, so they lose track of it. This is what happened to the passengers in this boat.
Therefore, the legal case against this teenager was provisionally shelved. A requisition to try to find out where the young man is. In the case of being able to locate it, and also find the witnesses that they can testify in plenary, if a trial would take place in the Provincial Court of Murcia.
Two years for another paterista
It was guided by “a compass installed inside a bucket of sand.”, specifies the account of proven facts of the sentence. A 19-year-old young man, a native of Algeria, has been sentenced by the Murcia Provincial Court for driving a dinghy from his native country to the Cartagena coast in January of this year.
A total of 16 immigrants, six of them minorsThey were traveling aboard a barge that “was not in conditions”, the court is clear. «It did not have the minimum security elements, such as life jackets for all occupants, flares or signaling beacons, so the journey endangered everyone’s life and integrity those who traveled on board ”, highlights the sentence.