Private Prosecution Seeks Jail for Paternity Emails in Spain
Spanish prosecutors see no crime, but a private prosecution seeks jail and €6,000 for emails sent to the mother of his child. The paternity trial is set for December.
English · Original discussion in Spanish · Published
Private Prosecution Seeks Jail for Paternity Emails in Spain
The Public Prosecutor's Office (Fiscalía) sees no crime. The private prosecution, led by the complainant's lawyer and court agent, seeks one year in prison and €6,000 in compensation, according to the defendant's account. In the middle of it all is a boy born in June 2023 whom the defendant claims he has never seen. The trial for the paternity claim, originally scheduled for October 14, has been finally set for December 16, two and a half years after the filing fee was paid. The accused, who has no incivil record, faces his first incivil trial with a bail of €1,000.
The case, pursued for alleged stalking, rests on emails and visits that the defendant describes as attempts to resume the relationship prior to the pregnancy and, later, to meet his son. The Prosecutor's Office has requested a full dismissal (sobreseimiento libre). The private prosecution maintains its sentencing request. The gap between these positions is the core of a procedure that has been open for months.
What Exactly Does the Private Prosecution Request?
The private prosecution, exercised by the complainant's lawyer and court agent, requests one year in prison and €6,000 in compensation, according to the defendant's account. The Prosecutor's Office, however, argues there is no crime and has requested a full dismissal. This divergence is unusual: when the Public Ministry sees no evidence, the private prosecution is in a fragile position because judges typically scrutinize the prosecutor's criteria closely.
The defendant claims the emails were written first with affection and then with respect after the relationship broke down. He provides messages and audio clips where, according to his version, the complainant acknowledges paternity and blames her lawyer for the complaint. He also states that in October 2024 she unblocked him, apologized for hiding the child, and told him she could not withdraw the complaint even if she wanted to. She then blocked him again.
Child Born in June 2023 Remains Unrecognized
The child was born in June 2023. The defendant assures he has never seen him and that the paternity lawsuit remains pending. The trial, initially scheduled for October 14, has been set for December 16, two and a half years after the filing fee was paid. The paternity lawsuit and the incivil proceedings are advancing separately, with different timelines.
The accused has no incivil record. This is his first incivil trial as a defendant. The €1,000 bail is one of the precautionary measures in the proceedings, according to the defendant's account. The private prosecution asks for €6,000 in compensation, a figure that, according to the defendant, does not correspond to any proven damage.
Role of the Prosecutor When No Crime Is Seen
The Prosecutor's Office has requested a full dismissal. That is, they do not appreciate signs of a crime in the reported facts. When the prosecutor rules in this way, the private prosecution can maintain its request, but the judge evaluates that position with special care. In practice, a private prosecution left alone often finds it difficult to sustain a conviction.
The defendant claims the complainant acknowledged in October 2024 that she filed the complaint at her lawyer's instruction and could not undo it. He provides messages and audio supporting this. The private prosecution, for its part, maintains the sentencing request. The incivil and paternity trials trinc separate paths.
Judicial Calendar: Two and a Half Years for Paternity Trial
The paternity claim was filed two and a half years ago, according to the defendant's account. The trial was due to be held on October 14 and has been set for December 16. The defendant emphasizes that the child is already two and a half years old and he has not been able to see him. The distance between filing the claim and the hearing is one of the most criticized points.
The incivil proceedings, meanwhile, continue their course. The €1,000 bail and the request for one year in prison and €6,000 in compensation are the figures handled by the private prosecution, according to the defendant's account. The Prosecutor's Office sees no crime. The incivil trial has not yet taken place.
What Could Happen on December 16?
December 16 is the date set for the trial regarding the paternity claim. The incivil proceedings remain open. The Prosecutor's Office has requested a full dismissal. The private prosecution maintains the request for one year in prison and €6,000, according to the defendant's account. The defendant, without a incivil record, faces his first incivil trial.
The evolution of the case depends on what happens at the hearing. If the judge trinc the prosecutor's criteria, the proceedings could be archived. If the private prosecution sustains its request, the trial will take place and the judge will decide. The defendant claims to have messages and audio proving his version. The complainant, for her part, maintains the accusation through her lawyer and court agent.
The distance between what the Prosecutor's Office requests and what the private prosecution requests is the heart of the matter. One year in prison and €6,000 versus a full dismissal. Meanwhile, the paternity trial continues its course. The child is two and a half years old. No sentence has been seen yet.
The Public Prosecutor's Office (Fiscalía) sees no crime. The private prosecution, led by the complainant's lawyer and court agent, seeks one year in prison and €6,000 in compensation, according to the defendant's account. In the middle of it all is a boy born in June 2023 whom the defendant claims he has never seen. The trial for the paternity claim, originally scheduled for October 14, has been finally set for December 16, two and a half years after the filing fee was paid. The accused, who has no incivil record, faces his first incivil trial with a bail of €1,000.
The case, pursued for alleged stalking, rests on emails and visits that the defendant describes as attempts to resume the relationship prior to the pregnancy and, later, to meet his son. The Prosecutor's Office has requested a full dismissal (sobreseimiento libre). The private prosecution maintains its sentencing request. The gap between these positions is the core of a procedure that has been open for months.
What Exactly Does the Private Prosecution Request?
The private prosecution, exercised by the complainant's lawyer and court agent, requests one year in prison and €6,000 in compensation, according to the defendant's account. The Prosecutor's Office, however, argues there is no crime and has requested a full dismissal. This divergence is unusual: when the Public Ministry sees no evidence, the private prosecution is in a fragile position because judges typically scrutinize the prosecutor's criteria closely.
The defendant claims the emails were written first with affection and then with respect after the relationship broke down. He provides messages and audio clips where, according to his version, the complainant acknowledges paternity and blames her lawyer for the complaint. He also states that in October 2024 she unblocked him, apologized for hiding the child, and told him she could not withdraw the complaint even if she wanted to. She then blocked him again.
Child Born in June 2023 Remains Unrecognized
The child was born in June 2023. The defendant assures he has never seen him and that the paternity lawsuit remains pending. The trial, initially scheduled for October 14, has been set for December 16, two and a half years after the filing fee was paid. The paternity lawsuit and the incivil proceedings are advancing separately, with different timelines.
The accused has no incivil record. This is his first incivil trial as a defendant. The €1,000 bail is one of the precautionary measures in the proceedings, according to the defendant's account. The private prosecution asks for €6,000 in compensation, a figure that, according to the defendant, does not correspond to any proven damage.
Role of the Prosecutor When No Crime Is Seen
The Prosecutor's Office has requested a full dismissal. That is, they do not appreciate signs of a crime in the reported facts. When the prosecutor rules in this way, the private prosecution can maintain its request, but the judge evaluates that position with special care. In practice, a private prosecution left alone often finds it difficult to sustain a conviction.
The defendant claims the complainant acknowledged in October 2024 that she filed the complaint at her lawyer's instruction and could not undo it. He provides messages and audio supporting this. The private prosecution, for its part, maintains the sentencing request. The incivil and paternity trials trinc separate paths.
Judicial Calendar: Two and a Half Years for Paternity Trial
The paternity claim was filed two and a half years ago, according to the defendant's account. The trial was due to be held on October 14 and has been set for December 16. The defendant emphasizes that the child is already two and a half years old and he has not been able to see him. The distance between filing the claim and the hearing is one of the most criticized points.
The incivil proceedings, meanwhile, continue their course. The €1,000 bail and the request for one year in prison and €6,000 in compensation are the figures handled by the private prosecution, according to the defendant's account. The Prosecutor's Office sees no crime. The incivil trial has not yet taken place.
What Could Happen on December 16?
December 16 is the date set for the trial regarding the paternity claim. The incivil proceedings remain open. The Prosecutor's Office has requested a full dismissal. The private prosecution maintains the request for one year in prison and €6,000, according to the defendant's account. The defendant, without a incivil record, faces his first incivil trial.
The evolution of the case depends on what happens at the hearing. If the judge trinc the prosecutor's criteria, the proceedings could be archived. If the private prosecution sustains its request, the trial will take place and the judge will decide. The defendant claims to have messages and audio proving his version. The complainant, for her part, maintains the accusation through her lawyer and court agent.
The distance between what the Prosecutor's Office requests and what the private prosecution requests is the heart of the matter. One year in prison and €6,000 versus a full dismissal. Meanwhile, the paternity trial continues its course. The child is two and a half years old. No sentence has been seen yet.
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Summary of a discussion on Burbuja.info - Foro de economía, actualidad y política., translated from Spanish and reviewed before publication. Read the full discussion (138 replies).
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