ABOGADOS LAS PALMAS DE GRAN CANARIA. Despacho de Abogados multidisciplinar,situado en la ciudad de Las Palmas de Gran Canaria, en la calle Luis Doreste Silva, número 107 – 1ºC (en frente de la Jefatura Provincial de la Policía Nacional)

ABOGADOS LAS PALMAS DE GRAN CANARIA. Despacho de Abogados multidisciplinar,situado en la ciudad de Las Palmas de Gran Canaria, en la calle Luis Doreste Silva, número 107 – 1ºC (en frente de la Jefatura Provincial de la Policía Nacional)
diciembre 17, 2011
ABOGADOS LAS PALMAS DE GRAN CANARIA. Despacho de Abogados multidisciplinar,situado en la ciudad de Las Palmas de Gran Canaria, en la calle Luis Doreste Silva, número 107 – 1ºC (en frente de la Jefatura Provincial de la Policía Nacional)
diciembre 17, 2011

ABOGADOS LAS PALMAS DE GRAN CANARIA. Despacho de Abogados multidisciplinar,situado en la ciudad de Las Palmas de Gran Canaria, en la calle Luis Doreste Silva, número 107 – 1ºC (en frente de la Jefatura Provincial de la Policía Nacional)

Condenada a un año y medio de cárcel una mujer por denunciar falsamente por malos tratos a su exmarido

El Juzgado de lo Penal número 1 de Granada ha condenado a un año y medio de prisión y multa de 6.480 euros a una mujer que denunció falsamente por malos tratos a su exmarido y que presentó como “falsos testigos” a sus padres, que además deberán hacer frente a otros seis meses de cárcel por un delito de falso testimonio.

En la sentencia, adelantada este jueves por el ‘Ideal’ de Granada, el magistrado, Manuel Piñar Díaz, considera “rechazable” el “posicionamiento ideológico” al que “se ha apuntado” la Fiscalía General del Estado, que está “impidiendo” la “adecuada persecución de algunas falsas denuncias por falsas maltratadas”.

“Con ese excesivo celo ideológico de proteger a la mujer, está llevando a quitar la dignidad a determinados varones que son denunciados y sometidos a tediosos y rigurosos procedimientos que con frecuencia comprenden detención y escarnio público, lo que no hace sino alimentar la violencia, dar un paso atrás en la igualdad ante la ley y en última instancia en el Estado de Derecho”, señala el juez en los fundamentos de derecho del fallo, al que ha tenido acceso Europa Press.

En la sentencia, contra la que cabe recurso ante la Audiencia Provincial de Granada, se considera probado que las dos denuncias presentadas por la mujer ahora condenada en el año 2007, en las que acusaba de insultos y amenazas a su exmarido, se interpusieron por “represalias” y por “venganza” sin que sucediera “ninguno de los episodios referidos”.
De hecho, señala el magistrado, denunció a su exmarido “usando en su favor todo el sistema legal de protección a las víctimas de la violencia doméstica” para ponerlo en contra del que había sido su esposo “con el fin de causarle daño”.

La mujer llevó al juicio contra su exmarido –que finalmente fue absuelto– a sus propios padres, que declararon haber oído las amenazas y los insultos que éste supuestamente profirió contra la ahora condenada. Entiende el juez que los padres de esta falsa maltratada no ofrecieron argumentos “creíbles” y que todas sus manifestaciones despidieron “tufo a zafia falsedad”, con lo que también han sido ahora condenados por “falso testimonio” a seis meses de prisión y multa de 540 euros.

A raíz de las denuncias la víctima, Sebastián M.P., fue acusado por delito de amenazas con petición de pena de 11 meses de prisión y se adoptó contra él la medida de seguridad de no poder acercarse ni comunicarse con la madre de su hija, con el consecuente trastorno que le suponía tener que depender de terceras personas que le ayudaran a la recogida y devolución de la menor, la imposibilidad de asistir a las reuniones del colegio y de no poder hablar con la niña por teléfono durante los casi 3 años que ha durado el proceso.

Por todo, tras ser absuelto, el hombre se decidió a denunciar a su exmujer, condenada por un delito de falsa denuncia y de otro de presentación de testigos falsos, por el que que deberá abonarle, de manera conjunta y solidaria con sus padres, un total de 8.000 euros en concepto de indemnización.

El abogado del denunciado en falso, el letrado Diego Fernández, del despacho Luna y Asociados, ha resaltado, en declaraciones a Europa Press, la importancia de esta nueva sentencia, ya que, a su entender, “es muy difícil que se dicten fallos que condenan por denuncia falsa a mujeres que han dicho ser víctimas de malos tratos”.

“Ha sido una lucha muy dilatada en el tiempo, pero finalmente se ha demostrado la falsedad de lo denunciado, que en definitiva es muy grave y supone una traba más a aquellas mujeres que realmente son víctimas de maltrato”, ha señalado el abogado, para quien este tipo de denuncias falsas suponen un “problema a atajar”.

Fuente: Europa Press

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