McCanns accused of obstruction of justice
A senior Portuguese judge has stated that the McCanns may face charges of obstruction of justice for hiring private investigators, against Portuguese law, supposedly to find Madeleine. The police say this is yet another distraction being employed by the McCanns.
This follows on from the disturbing news that a prosecution of the McCanns is unlikely unless the police find out where the McCanns hid Madeleine's body.
6 comments:
I have always agreed with your view on this one. This is yet another move by the McCanns to ensure they never face the prospect of charges or even jail.
The body of Madeleine is never likely to be found as the perfect crime has been executed.
They have such powerful backers and the legal team are not going to lose this one.
I suspect that it will rumble on for a few years and the McCanns will end up very wealthy.
I read somewhere that the minimum prison term, in Portugal, for accidental murder (like your child) was three years, and neglect of a child is two years. Doesn't seem like too much of a difference in time, considering the crimes. Why doesn't the Portuguese prosecutor just charge them for neglect now, and proceed with the rest of the investigation? It's pretty obvious they neglected their children, on several occasions. At least some of us could get a feel for some justice being done, albeit quite light.
In Portugal, accidental murder ("homicidio por negligência") is punished with prision until 3 years; in the case of gross negligence ("homicidio por negligencia grosseira"), the prision is until 5 year (artº 137)
I don't know exactly if there is a crime of "neglecting a child", but the crime of abandonment of a child can be punished with 2 to 5 years; if the abandonment results in death, the punishment is 3 to 10 years (artº 138)
http://www.unifr.ch/derechopenal/legislacion/pt/CPPortugal.pdf
miguel: Thanks for the clarification.
Still, leaving your children alone for hours (at that age), is neglect. They admitted to doing this often, so it's not a "once in a lifetime" mistake. They should be charged, at least, with that.
In many US states, this could be construed as abandonment - it just depends on the definition.
Does that mean that if the McCanns delay and delay, that if they take another 3-4 years pissing about telling fibs, the punishment would be only suspended because they have been suspects for the same term as the sentence?
"Does that mean that if the McCanns delay and delay, that if they take another 3-4 years pissing about telling fibs, the punishment would be only suspended because they have been suspects for the same term as the sentence?"
If I understand your question, no.
If they spend 4 years, as suspects, in freedom, after the judgemente (if convicted, of course)they will have to spend some time in jail (unless the judge decides other way).
Only if they spend these 4 years in "preventive jail" is that they will walk free after the conviction.
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