The 15th Section dismisses the appeal from the family of a resident who died in March 2020 in Valdemoro and confirms the provisional archiving. The ruling dismisses any claims of denial of assistance due to age or dependency.
The 15th Section of the Provincial Court of Madrid has dismissed the appeal from the family of a resident who died on 27 March 2020 at the Nuestra Señora del Rosario care home in Valdemoro and confirms the archiving of the case opened for a possible crime of discrimination in the provision of healthcare, as outlined in Article 511 of the Penal Code. Ruling 850/2026, dated 14 September, thus supports the provisional archiving agreed upon in December 2025 by Court number 4 of the Valdemoro Court of First Instance, as reported by larazon.es.
The family's defence is led by lawyer Alejandra Jacinto, who was a candidate for Podemos, IU, and Alianza Verde for the Presidency of the Community of Madrid in the 2023 regional elections and later left institutional politics to return to law practice.
The court concludes that the investigation was "sufficient and adequate" and that all reasonably useful proceedings were exhausted to determine whether there was any criminally relevant action. The Chamber does not find evidence of a denial of assistance due to the resident's age, dependency, or cognitive decline.
The clinical documentation and statements from the acting professionals reflect that he received continuous medical attention and health monitoring throughout the care process
The Court emphasises that there is no record of a hospital transfer request that was subsequently denied. Article 511 requires an effective denial of a service, so the absence of a referral request and a subsequent rejection leaves the accusation without the necessary objective element to support that crime.
The forensic medical report included in the proceedings is another cornerstone of the archiving. The resident presented symptoms compatible with Covid-19, although this could never be confirmed by a test due to the lack of tests at that time. The forensic expert concluded that the centre provided the appropriate means available for his clinical situation and that, given the exceptional circumstances of March 2020, the decision to maintain treatment in the care home was correct. It added that the benefit of hospitalisation would have been "very limited, if not null".
The Chamber rejects the new proceedings requested by the prosecution because they were primarily aimed at investigating the preparation and general application of referral protocols, without specifying how they could demonstrate criminal conduct in the case of the deceased.
Criminal instruction cannot become a prospective investigation aimed at generically probing whether there may be criminal responsibilities
The ruling cites previous resolutions from the provincial courts of Biscay and Madrid. In particular, it recalls that another Madrid ruling from 2024 already established that the debate on the appropriateness or convenience of the protocols belongs to the realm of health policy and does not alone allow for the deduction of criminal responsibility.
The Court considers reasonable lines of investigation to be exhausted and confirms the provisional archiving as there are no rational indications of criminality. The resolution does not allow for appeal, although it leaves open the legal possibility of reopening the proceedings if new facts or evidence of criminal relevance emerge in the future.
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