The Barcelona hearing ha estimated in its entirety the resource appeal filed by Pear Roseco-author of the crime by the Urban Police, against the issuance of the Netflix series ‘The Body on Fire’. In this way, the court resolves in favor de Peral, who asked, a week after its premiere, provisionally paralyze the broadcast of the series arguing that it could violate their right to honor and that of their daughters. In the appeal, Peral requested precautionary measures that were not then granted. The court agrees with him and has now admitted that the lawsuit he filed to have the premiere of the series provisionally suspended should have been processed.
The Court considers that claims should only be inadmissible for processing “in an exceptional manner and when the law so establishes expressly”
In its order, the 19th section of the Barcelona Court upholds the appeal that Peral presented against the court of Vilanova i la Geltrú (Barcelona), which last September rejected the request for precautionary measures from the woman convicted of the crime, for not having provided the security – financial amount in deposit – that is required to file judicial actions of this type. Rosa Peral’s lawyer alleged that the former Barcelona urban guard could not provide bail because she is in prison and pending to pay 800,000 euros in compensation for the murder of her ex-partner.
The court orders the Vilanova court to admit Peral’s request for processing
The series about the ‘Crime of the Urban Police’, one of Netflix’s most successful productions, premiered on the platform on September 8, as planned.
The Court of Barcelona has just now agreed with Peral, arguing that the claims should only be inadmissible for processing “in an exceptional manner and when the law expressly establishes it as such.”
For this reason, the court maintains that the court of first instance should have decided first whether the adoption of the precautionary measures proposed by Peral was appropriate, without hearing Netflix’s arguments, and subsequently summoned the parties to the mandatory hearing to discuss the relative allegations. to the type and amount of the bond.
The court now agrees to annul the appealed order and orders to allow Peral’s petition to be processed.
What will happen now? Well, the Vilanova court, attending to the Barcelona Court, will proceed to process the claim. Then you must decide whether or not to consider the precautionary measures requested by Peral, as long as there is a prior hearing to hear the parties. After making his decision on the precautionary measures, he will go into the substance of the decision on whether the broadcast of the Netflix series has violated Peral’s honor.
Once the court decides on the precautionary measures, Peral could file a lawsuit in which he can claim damages from Netflix for the violation of their rights with the broadcast of the series.
In 2020, the Barcelona Court sentenced Rosa Peral and her lover, Albert López, to 25 years and 20 years in prison respectively for murdering her partner, Pedro R., in the home they shared in Vilanova. After the crime, they hid the body in the trunk of a car and set it on fire near the Foix reservoir. The two murderers and the victim were members of the Barcelona Urban Guard.
