Stolen baby crimes do not expire, prosecutors told

The State Prosecution Office has issued a circular authorizing prosecutors across the country to order exhumations and DNA tests in suspected cases of stolen babies while also giving them leave to pursue kidnap charges.

The document is intended to “unify the juridical criteria to offer a common answer that will permit the investigation of the highest number of cases, even if they are the remotest in terms of time.” The circular stated that kidnap cases of this kind should be considered exempt from the statute of limitations “while the victim remains ignorant of [their] origin and true identity, even if they are senior citizens.”

The practice of taking babies from their natural progenitors and putting them up for adoption took place in Spanish hospitals from the 1950s to the 1990s.

In total, some 1,500 complaints regarding possible cases of stolen children have been made, many of which have been closed before any trial could take place due to a lack of evidence or because the investigating judge considered that the statute of limitations had already expired.

The Prosecution Office said that to clear up cases “of penal significance,” each should be presented separately and advised against “processing a multiplicity of cases when there is no indication they can be considered related.” In order to be able to carry out these investigations without prior judicial consent, the Prosecution Office considers that cases of stolen babies should be viewed as kidnappings.

“This is the method that most favors the interest of the complainants to learn the truth,” the circular read. Cases that have previously been shelved will also be open to review.