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Asturias Court Overturns Psychological‑Abuse Conviction and Orders Parents' Release

The regional high court narrowed the criminal case to a six‑month abandonment sentence already served, leaving the children in Principado care while administrative reunification is reviewed.

Overview

  • The Tribunal Superior de Justicia de Asturias partially granted the parents' appeals on Monday, reversing their convictions for psychological abuse and limiting the conviction to abandonment of family.
  • Because the six‑month abandonment sentence was deemed already served, the parents are scheduled for imminent release after more than a year in pretrial and post‑conviction detention.
  • Magistrates said evidence did not prove physical restraint or a deliberate intent to cause harm and described the parents' conduct as an extreme overprotection driven by intense fear of COVID‑19.
  • The court nonetheless recorded measurable developmental harm to the three children from prolonged isolation, noting walking difficulties, delayed toilet control and a 35% recognized disability.
  • The children remain under the Principado de Asturias' guardianship and any reunification will follow a separate administrative review, with the TSJA ruling open to further challenge by cassation to the Supreme Court.