MADRID, 26 Oct. 16 / 12:42 pm (ACI/Actuall).- According to forward XYZediciones.com the Constitutional Court has issued a ruling in which rehabilitate the judge, Francisco Serrano in the judiciary, declaring unconstitutional a judgment of the Supreme Court that condemned the magistrate to ten-year ban by modifying the turn-of-custody of a minor, which facilitated exit in a brotherhood of the Holy Week of Seville.
This sentence, led to his expulsion from the judiciary, a decision that Serrano appealed to the Constitutional Court, which now gives him the reason.
The ruling overturns the decision of the Supreme Court that condemned him to understand that in his decision there was fraud, raising the penalty to be imposed by the Court Superior of Justice of Andalusia for an offence of trespass culpable of two to ten years. As a result of this ruling now overturned, the judge lost the status of a judge that you are now recovering.
The supreme interpreter of constitutional rejects the argument of the Supreme Court in the sense that Francisco Serrano had knowledge that there was a court that she had spoken with previously about the custody of the child dictate urgent action.
This circumstance, in the judgment of the Supreme inhabilitaba to Serrano to extend in two days the stay of the child with his father, despite that he admits that there are cases in which it is permitted to a judge to intervene in such circumstances.
In the Supreme Court understood, in particular, that were not given the conditions of urgency and necessity that now the Constitutional Court recognised in its judgment.
it is Worth to highlight that both the urgency and need were also recognized by the Provincial court of Seville which ratified the discretion of the judge Serrano.
originally Published in Actuall.
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