The Region’s top prosecutor explains that if the tragedy is motivated by negligence, it will be considered reckless homicide.
The investigations into the fire recorded this Sunday in the two nightclubs in the Las Atalayas area of Murcia that has caused at least 13 deaths They will initially focus on the search for the causes of the fire and on the possibility that the tragedy could be due to “a reckless homicide”, caused by negligence.. Those responsible would face sentences of up to four years in prison, as the Region’s top prosecutor, José Luis Díaz Manzanera, explained to La Opinión. Since there have been a high number of victims, the sentence could even reach nine years, although the legislation does not specify how many victims must occur for this maximum sentence to be imposed.
The Prosecutor’s Office’s proceedings will also be aimed at finding out if “there has been an omission of preventive measures.” intended to prevent fire. “Let’s see what it all turns out to be. A short circuit could also have occurred that was not caused by an omission,” she said.
Díaz Manzanera recalls that the Investigative Court number 7 of Murcia opened proceedings this Sunday to investigate what happened, although It is assumed that the definitive results will take time to be known. He points out that “there are three locations”, given that the fire reached a third nightclub, in addition to devouring the roof and interior of Teatre and Fonda Milagros, so he anticipates that “it will be difficult” to reach definitive conclusions.
If it is confirmed that there has been negligence or lack of preventive measures, Those responsible for the crime of reckless homicide face sentences of up to four years in prisonaccording to article 142 of the Penal Code.
The senior prosecutor has specified that the legislation establishes between one and four years in prison for those responsible for negligent action that ends up causing the death of a person, but It does not contemplate a sentence for each of the fatal victims, but rather sets the sentence based on the most serious crimes. Nevertheless, As this is a case in which there is a high number of deceased people, it can last up to nine years, clarifies Díaz Manzanera.
“In this case it is assumed that the severity is the same in all 13 deaths,” he indicated.
It has also advanced that when it is possible to enter the burned premises “exhaustive work will have to be done. We will have to go centimeter by centimeter, moving everything.”. In addition to the reconnaissance work carried out by firefighters, searching through grids to detect the presence of possible human remains under the rubble, the Judicial Police, Scientific Police, Local Police and experts in fire investigation and identification participate in the investigations. of victims sent by the Ministry of the Interior.
Parallel, Administrative files must be reviewed to collect all possible information on the authorizations of the establishments set on fire. According to the latest municipal information, Fonda Milagros and Teatre lacked a license and had a closure order from 2022.
The third route of the proceedings should be directed towards the witnesses. The information provided by the people who were in the premises will be vital so that investigators can find out the point where the fire started and the reasons why it broke out.
Díaz Manzanera pointed out that the claims presented by the families will also be included in the criminal case. Only if the criminal process does not establish responsibilities, a civil case would be opened in which they would be processed.
José Luis Díaz Manzanera trusts that the investigations into the fire at the Las Atalayas nightclubs that left 13 dead will lead to the discovery of those responsible. He hopes that “the same thing will not happen in Murcia” that happened after the incident at the Alcalá 20 hall in Madrid, which only resulted in a two-year prison sentence for one of those involved.despite 81 deaths being recorded, while in Zaragoza, with 43 deaths, “no responsibility has been established.”