The Malaga Court has imposed seven years in prison on parents each for abandoning the baby that the woman had just given birth to in an open field at dawn. The trial was held last February in the Malaga Court, but the sentence is not final, since it was appealed and the appeals presented are still being processed, as confirmed by judicial sources.
As the Malaga Chamber considers proven, the events occurred one day in October 2023, when the defendants had arranged to meet in the capital of Malaga to attend a sporting event, he coming from Fuengirola and she from Córdoba. That same night the woman gave birth and shortly after, at dawn, she left the baby abandoned on a concrete esplanade located near the Victoria Kent train station in Malaga, "despite being aware of the possibility that she could die."
"This abandonment materialized exclusively by the defendant, covering the baby with a towel and a type of sweatshirt that she found along the way until she reached some hedges in the vicinity," says the sentence, which specifies that the girl was found alive.
The resolution adds that neither of the two defendants called the emergency health services, as they did before when she experienced labor pains; Nor did they request help from anyone who might be in the place where they had left the girl.
Two hours later, the two defendants went to the aforementioned train station in order to take the Cercanías that took them to the Malaga town of Fuengirola, subsequently going to the defendant's home, where they stayed until the day after, when she returned to Córdoba. During all these time intervals, neither of them informed any authority, health service or third parties of any other consideration of the reality of the abandonment carried out. Although it was the woman who abandoned her, the sentence indicates that the man did not take any measures to prevent her from doing so.
Subsequently, on dates close to that day, both defendants proceeded to change their mobile phone numbers with the intention of not being located, since the woman had found out through social networks that the baby had not died and that she had been found alive in the morning by a third person in the place where she had abandoned her.
For these events, both have been convicted as perpetrators of the crime of attempted homicide and each has been sentenced to seven years in prison, prohibited from approaching the victim for ten years, and supervised release, after prison, for a period of ten years.
For the Malaga Chamber, it is not a crime of murder and, therefore, the circumstance of treachery cannot be present, and it considers that it is "indifferent" whether or not the defendant knew that she was pregnant or that the defendant said that he did not notice symptoms of pregnancy. Yes, it is a crime of homicide because the Court considers that "the certain possibility" of death had to be represented to both, due to abandonment; the time it occurred; the moment -the month of October-; the weather conditions typical of that date and the probability that she would not be found alive.
"Fortunately, the baby's death did not occur," states the Chamber, which points out in its resolution that the baby was found alive around 8:00 a.m., because, it is added, the temperature in Malaga that morning was approximately 21 degrees Celsius.
She points to the contradictions between both defendants, when she, when asked by her lawyer, declared that she thought the baby was dead, because she neither cried nor had her eyes open, and the defendant who indicated that the woman breastfed her before leaving her.
The Court recalls that the two defendants acknowledged that the birth had occurred and that they left her in the open field, so it considers that "it is evident that the behavior consisting of abandoning the newborn baby carried the representation that she could lose her life."
