After restoring and putting back to the public, the residents of Alcantarilla, last December, the House of Cayitas, as Historical Municipal Archive and permanent exhibition room, it was expected that one of the many bold, daring To carry graffiti with their graffiti, to some of the façades of this building, which since July 24, 1982, is a cultural property that is declared a National Historic-Artistic Monument.
In a brilliant performance of the Local Police, on November 16, when it was three o'clock in the afternoon, a telephone call was received in the communications room of this Corps, which reported that a person was making graffiti, Type graffitis, on the side of the House of Cayitas, former Library and now Historic Municipal Archive.
The Local Police patrol in that square, observed how an individual was collecting some boats of spray of different colors, introducing them in a backpack of his property, next to the side of said municipal building, in whose wall he had made some graffiti of colors.
Once required by the patrol, he was identified in police units, such as JON, 19, a neighbor of Alcantarilla, who recognized at the time to be the author of the same.
In the ocular inspection of the damages it was verified that the colors that the graffiti exhibited corresponded to the colors of the intervened spray cans.
The final result of this new attack on public buildings, as it is on this occasion to a building, Well of Cultural Interest, but also declared, through Royal Decree 2330/1982, of July 24, National Historical-Artistic Monument, could Costing this young man very dearly, given that on Monday of the next week, the Alcantarilla City Council will appear to file the corresponding complaint and that the criminal procedure that corresponds, for this alleged crime against the historic patrimony will be initiated by the judicial process.
Citizens should be reminded that article 323 of the Criminal Code is the one that regulates such crimes, carried out by an active subject that can be any person, as long as he performs the following typical behavior: "that causes damage to a file, Museum, library, educational center, scientific office, analogical institution or goods of historical, artistic, scientific, cultural or monumental value, as well as in archaeological sites. "
The same establishes the penalty with which it is going to punish the realization of said crimes that "will be punished with the penalty of imprisonment of one to three years and fine of twelve to twenty-four months."
That is to say, the article enumerates a series of goods, therefore it is necessary to understand that in this case - this crime, when damages are caused to those goods exclusively, since they are those that fall within the typified crime, that is to say: The crime of damage to property with historical, cultural, monumental, artistic or scientific value, and may be carried out by action or by commission for omission.
The file instructed, until Local Police is aware of this legal way, will not be paralyzed, as a result of the intervention, to the author of the damages, which was proposed for sanction for non-compliance with Article 37.13 of Organic Law 4/2015 , For Protection of Citizen Security, for causing damage and thinning in real estate of public use or service, an infraction that can be sanctioned up to 600 euros of fine.
But as we indicated, this sanctioning procedure could be suspended in its processing, if the facts denounced could be deduced some type of criminal responsibility, as it is a public building, Well of Cultural Interest and declared a Historical-Artistic Monument of National character.
In any case, the legal services of Alcantarilla City Council have already reported and pronounced, indicating the steps to follow in this procedure, but what is certain is that next week will be filed the corresponding complaint.
Alcantarilla City Council, through its mayor, Joaquín Buendía, has shown "the first thanks of the citizen collaboration, of this or those neighbors, that when they observe such a cruel action for a building so important for us, as it is The House of Cayitas, only a few months after its restoration.I encourage you to continue denouncing to our Local Police or National Police these vandalistic actions.First, my congratulations to the Local Police Corps, Security Area Citizen of our Town Hall, which with its speed in arriving at the place of the events, has resulted in the arrest and identification of the alleged author of the graffiti. This is the way to go with these unfortunate actions.
Source: Ayuntamiento de Alcantarilla