The Gijón Area Prosecutor’s Office requests the payment of a fine of 1,920 euros, for a crime of family abandonment, to a woman accused of preventing her 11-year-old son from going to school during the 2020-21 academic year because she did not want the The minor will wear a mask or hydroalcoholic gel, as preventive measures against Covid-19, without any medical reason that supports this determination. The boy missed a school year.
The oral hearing is scheduled for this Monday in the Criminal Court number 2 of Gijón, at 1:00 p.m., as reported by the Prosecutor’s Office.
The Public Prosecutor’s Office maintains that the defendant, born in 1969, had custody of her youngest son, born in 2009, 11 years old at the time of the events, with whom she lived in the 2020-2021 academic year.
During that academic year, the minor only attended the school in which he was enrolled and studying, in Gijón, on September 22, 23 and 28, 2020, since as of this last date, the accused took by herself the decision that the child should not return to the center, without any relevant cause to justify it, under the excuse that he did not want him to wear a mask, or hydroalcoholic gel, or have his temperature taken, as preventive measures against the Covid-19.
When the absenteeism of the child was detected, the school and the Municipal Foundation of Social Services of the Gijón City Council contacted the accused, even having a meeting with her, letting her know repeatedly of the obligation that the child attend the school and the consequences, including criminal, of their conduct.
Despite this, the accused did not allow or facilitate the minor to attend the relevant studies, as was her obligation as a parent, which caused serious damage to the education and comprehensive training of the child, who missed a school year.
The Prosecutor’s Office considers that the facts constitute a crime of abandonment of the family of article 226 of the Penal Code. And it requests that the accused be sentenced to an 8-month fine, with a daily fee of 8 euros and a subsidiary personal liability in case of non-payment of one day of deprivation of liberty for every two unpaid installments. The accused must also pay the costs of the process.
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