The magistrate has ordered the confiscation of the passport and prohibited the young man, who was bathing the infant when the injuries occurred, from leaving the country. In the judicial order, the judge suggests that, pending the autopsy results, there are no indications of intentionality behind the burns, which could constitute a crime of serious reckless homicide.
According to case sources, the investigation is focused on determining if there was gross negligence, based on statements from the mother and the investigated individual, as well as an on-site inspection of the residence. The defense and the Public Prosecutor's Office suggest the events might fall under Article 142.1 of the Penal Code, which carries penalties of one to four years in prison.
The judge has decided to maintain the provisional liberty of the investigated individual, imposing precautionary measures such as the obligation to appear in court twice a month and a prohibition from leaving Spain. It is considered that, although there is a risk of flight, this can be mitigated by these measures, given that the investigated person has acknowledged the negligent acts and voluntarily appeared before the authorities.
The case awaits the final autopsy report and the report from the Homicide Unit, which will be crucial in determining whether it was an accident or if there was any intent, thereby ruling out cases of vicarious or gender-based violence, as was initially speculated.
The investigated individual, the baby's mother's ex-boyfriend, has reiterated his version of events to the judge, explaining that he left the baby in the shower "only for a few seconds" to get a towel, at which point he heard the baby crying. The severe burns affected 60% of her body, and despite medical attention, she passed away.
The private prosecution, represented by the infant's biological father and paternal grandfather, as well as the maternal family, have requested the provisional imprisonment of the investigated individual, arguing that the accident version does not align with the severity of the events and that it could be a murder.
