Antonio and Maria have just become parents; with a case with minors pending trial, they denounce the obstacles that have been found to be able to enjoy their discharge
“It is true that the Criminal Procedure law does not include maternity as a cause for suspending a trial, but that law is from 1882,” the couple claims
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“Is a question of humanity “, explains the lawyer from Cáceres Antonio Jiménez in reference to the judge who has spent more than a month putting obstacles to the suspension of a trial in which his wife, María Benito, represents two of the accused, both minors. The problem was that the trial was scheduled for January 19 and María gave birth to a child on the 16th. The lawyer had anticipated requesting the suspension at the beginning of December, but the judge refused and went even further. He told his clients to find another attorney in light of the circumstances: “Our clients support us, they have the right to choose the lawyer they want and that right is being violated,” he says indignantly.
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While Antonio talks to NIUS, the comments of María, still convalescing, are sensed in the background. “María is very angry,” says this young lawyer who She is also a person in the cause, although it is she who directs it. “I am in person for another error of the Justice – he points out – because one day I went to court, as a partner of the firm, to get some documents and they forced me to appear if I wanted to collect them.”
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The fact is that the judge first refused to suspend the hearing, “it is true that the Criminal Procedure Law does not oblige her, because it does not include maternity as a cause for suspension, but we are talking about a law drafted in 1882 “, Antonio abounds. The truth is that, despite its numerous reforms, the Law has never changed on that point, it has never included maternity or paternity leave as a reason to postpone or suspend a hearing.
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Antonio and María would have liked the judge to take the opportunity to criticize this lack of sensitivity to maternity and paternity leave, but it was not like that: “So much talk about conciliation and equality, and then … what?”
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The judge, who also is in that court as a substitute, argued that the cases with minors have priority and that there was a long-term leave which could mean a delay. The prosecutor reported in the same sense, and the trial was set for January 19, only three days after the delivery. They understand that with this response “he is blaming them” for the delay in the case.
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Faced with this situation, they appealed to her, asked her to reconsider, but without success. Furthermore, Antonio explains that the response to the appeal came when they were already “in the hospital, without being able to access Lexnet (the Justice computer system) “They found out from other lawyers who are also parties to the same procedure.
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The facts, step by step
In May, María received two commissions within the same cause. On the one hand, a private one of one of the accused to defend him; on the other hand, He had to defend another by appointment of the duty shift.
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The trial was set for January 19 and her due date was scheduled for January 17, so a month in advance, she made the first move for the court to reorganize itself. And there came the first negative.
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The appeal to that decision was presented on December 22 and in court, according to these lawyers, it took 25 days to answer. “When their colleagues notified them, there were two days to go.
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As on the 19th they were still admitted, they sent several documents to justify the absence and did not come, to the anger of the head of the court, who began to ask for Antonio, “in a harsh tone, “according to what other lawyers in the case told the couple.
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Both the other defenses and their clients supported the postponement, but the judge ignored it and has set a new hearing for February 1, when both will continue on maternity and paternity leave.
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For now They do not know if on February 1 they will attend the hearing. They are clear that they are going to file a complaint with the Judiciary and have already gone to legal associations and the Bar Association, which has given them their support – in private – and has told them that they are not going to appoint another lawyer to replace them. to Maria.
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“There is a discrimination” towards women, Antonio denounces, although he points out that the decision it also goes against the “co-responsibility” of parents. “This comes from machismo, heteropatriarchy, because we are used to dad being at the bar with friends and mom at home with the child.”
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Antonio defines himself as a feminist, but ensures that since Tuesday, he is even more aware of that need for parents to take responsibility for their children: “Childbirth is something that … what a fabric, women !! and breastfeeding is hard”He exclaims from his home as he tells us that they are still making a new life and that he doesn’t have time for anything either.
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Violation of rights
During his conversation with NIUS, Antonio Jiménez speaks insistently of the rights of his clients, although he evidently admits that the situation also hurts them, because they are faced with a possible loss of clients: “He wants to take away our clients, work, money …”, he laments.
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The lack of equality, discrimination, the attack on the right to effective judicial protection by limiting the client’s right to choose a lawyer. “That unhinged us, it poisoned us that he required them to fire us and find another lawyer, in addition to holding us responsible for the delay. How do they want people to have children? “He wonders.
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So much Mary as Antonio, active on social media, have reported the case actively and passively and are surprised at the amount of cases of lawyers who find themselves in similar situations “and even worse”, according to the lawyer, who have been sent through those same networks.
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A classic. As a parent and lawyer I remember the response of a court when I requested a suspension / delay. But have you given birth, lawyer?
– Snake Club (@ClubdelaSerpie) December 29, 2020
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He did not want to suspend a hearing the day after giving birth, without scheduling, and the prosecutor made such a mess that he had no choice. A judge and saying that it was not cause for postponement
– ZUKA (@ZUUKABELEN) December 29, 2020
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In some, they are even reported others refused to suspend trials despite the death of family members.
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Silence on the other side
NIUS has contacted the TSJ of Extremadura, but its official sources reply that the judges speak through their cars, and that since it is an open procedure “and also with minors”, they cannot issue opinions.
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