The fact captured in a 36-second video, broadcast on social networks, caused collective repudiation. A woman kicked a little boy in her face over and over again, in the middle of a public road. The event occurred in Ambato, in the Quillán Loma sector, Izamba parish.
After the video went viral, this Monday, January 30, it was learned that she was the mother of the child. She was apprehended and the 2-year-old boy was handed over to a maternal relative to temporarily take care of her.
They arrest a woman caught on video beating a child in the street; the event occurred in Ambato
Once the medical assessment was carried out, it was determined that the beatings produced two days of incapacity for the minor, for which reason the woman did not commit a crime but rather a misdemeanor.
Article 152 of the Comprehensive Criminal Code (COIP) establishes a prison sentence of 30 to 60 days if, as a result of the injuries, damage, illness or disability occurs to the victim for four to eight days.
What type of violation did the woman commit?
In a fourth class, which has a penalty of imprisonment from 15 to 30 days, according to article 396 of the COIP.
Numeral 4 indicates that the person who voluntarily hurts or hits another causing injuries or incapacity for work, which does not exceed three days, is subject to this penalty.
The former prosecutor of Guayas, Antonio Gagliardo, explained that this would apply to the case of the woman in Ambato.
However, since the woman is pregnant, she cannot be sent to prison, since article 624 of the COIP establishes that no pregnant woman may be deprived of her liberty.
Nor will it be notified with a sentence, but 90 days after delivery.
Attack on a 2-year-old boy in Ambato generated rejection: what sanctions does the law establish in these cases?
“This is done for the best interest of the child that is in her womb, so this is another situation that benefits pregnant women who could commit crimes (…), it has certain guarantees that it is not for the person as such but for the baby that is in her womb,” explained Gagliardo.
From the morning of this Tuesday, January 31, the woman is being held in flagrante delicto in a Community Police Unit (UPC). The results of this diligence are expected to be known in the afternoon.
In this case, the National Directorate of Specialized Police for Boys, Girls and Adolescents (Dinapen), the Cantonal Board for the Protection of Rights of said town, the Ministry of Economic and Social Inclusion (MIES) and the Tungurahua Judicial Council have intervened. . (YO)
Source: Eluniverso
Mario Twitchell is an accomplished author and journalist, known for his insightful and thought-provoking writing on a wide range of topics including general and opinion. He currently works as a writer at 247 news agency, where he has established himself as a respected voice in the industry.
