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The Prosecutor’s Office accused the qualified mother, in the form of an attempt, of the mother. abandoned her newborn son in a garbage can in Lisbon, in November of last year.
The Prosecutor General’s Office closed the investigation and requested the trial in a collective court against an accused, for the practice of the crime of qualified homicide, in the form of an attempt “, Read the note published by the Lisbon District Attorney General.
In the statement, the Prosecutor’s Office, which requested its ruling in a collective court, says that it was accused that, at dawn on November 4, “the accused, 36 weeks pregnant and in labor” went “together with the near from the Lux Frágil nightclub, where she gave birth to a baby boy. “
After birth, the defendant placed the newborn in a plastic bag, along with the other tissues expelled at the time of delivery, and placed it within a yellow eco-spot, and then left the site. “ add the same note.
The prosecutor emphasizes that “The death of the newborn was not carried out by chance and the intervention of third parties who found him and gave him the medical care he needed to live.”
The woman had been in pretrial detention since November 8, and since this was not a particularly complex case, she would have to be released after six months if no charges were filed. That term ended this Friday.
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The newborn was found by a homeless person, still with traces of the umbilical cord, and then was transported to the Dona Estefânia Hospital, in Lisbon, to inspire some attention.
On November 14, the Supreme Court of Justice (STJ) rejected the request for immediate release (‘habeas corpus’) by a group of lawyers who considered preventive detention “absolutely illegal”.
Varela de Matos, one of the lawyers, said on that occasion that the group, a dozen citizens, that is, lawyers, non-jurists and retired magistrates, consider that the crime that the citizen will have committed “It is not the one most frequently referred to (attempted murder), but that of exposure to abandonment, which does not even admit to pre-trial detention.”
The criminal investigation judge justified the application of preventive detention to the accused, alleging that a crime of homicide qualified in the form of intent is at stake.
The STJ stated that this accusation, “in general, corresponds to the fact that the accused, deliberately, hid the pregnancy and used a plastic bag for that purpose, deposited his newborn son in a garbage container on public roads” .
The STJ decision contains the statements and explanations given by the young woman when she was present at the first judicial interrogation, during which she said that since June she lived in a tent next to the Santa Apolónia railway station in Lisbon, along with a partner.
The defendant stated that because he had been tested at a homeless support center in Mouraria, he knew that he had been pregnant since at least the seventh month of pregnancy, adding that he was asked if he wanted to abort, after of having said no.
In addition, she said that she covered up the pregnancy, that she did not know the day the baby would be born and that she did not think about asking for help, admitting that, after delivery, she placed the child in a plastic bag and deposited it in an ecopoint container.
The young woman justified this performance with the fact that she was desperate, not knowing what to do with the baby, since she could not because she was on the street.
He said he still doesn’t know who the boy’s father is.
