There was No Intent to Neglect. I believe that this is what The Final Report said.
Consequently no crime. But there was criticism;
It is extracted from the files that the McCanns and their friends checked to verify if all was well with their children, as can be concluded from what the members of this group declared, and also derives from the testimony of Jerónimo Tomás Rodrigues Salceda, a waiter at the Tapas [24], who stated that he "noticed, because it was evident, that some of the group's members sometimes went outside of the restaurant to do something, which by and by he realised was to "check" on the children. Nevertheless, he was always convinced that those children were in a space that belonged to the Luz Ocean Club. . ."
Nevertheless, it can also be concluded from the files that this surveillance with the periodicity that was mentioned above was not the one that is alleged in the files, which leaves unexplained why, on that night, the procedures were altered in the sense of reducing the checking intervals.
In effect, this group of friends was enjoying a short holiday period, therefore perfectly relaxed and it would be normal that, having dinner, inclusively with an entertainment service available [25], they were not very concerned with anything that might happen to their children during that dinner period.
It is so much so that Kate herself mentions that on Thursday morning, the 3rd, Madeleine questioned her about the reason why they didn't come to her room, given the fact that the twins had cried [26], as was also mentioned by Gerald.
Pamela Fenn, who resides on the residential block's first floor, above the apartment that was occupied by the McCann family, clarified that on the 1st of May 2007, two days before her disappearance, at around 10.30 p.m., she heard a child crying, which from the sound would be MADELEINE and that she cried for an hour and fifteen minutes, until her parents arrived, at around 11.57 p.m.
This shows that the parents were not persistently worried about their children [and] that they didn't check on them like they afterwards declared they did, rather neglecting their duty to guard those same children, although not in a temerarious, or gross, manner.
If said guard duty had been observed, in the possibility of this being an abduction, as was insistently mentioned and continues to be mentioned and is admissible to have happened, its occurrence might eventually have been rendered inviable.
http://www.mccannpjfiles.co.uk/PJ/LEGAL_SUMMARY.htm