Dead German boy's mother charged with negligence in Spain

Sorry if this is in the wrong place. I´m not sure if this has already been posted, apologies if so, but the heat here has melted what little piece of brain I had left!
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http://www.theleader.info/article/24132/spain/costa-del-sol/german-mother-charged-following-sons-death/

The judicial authorities have charged a German mother with gross negligence following the death of her five year old child in Espiel (Córdoba) on Friday through multiple organ failure resulting in heat stroke and severe dehydration.

According to press reports the mother is mentally unstable, and she remains at the Reina Sofia hospital in Cordoba.

The child's body was found near the dam at New Bridge, in Espiel on Tuesday afternoon following a search by members of the Spanish Army.

The police initially notified the Army search team after they had found the woman, disoriented and covered in bruises and scratches. She was also showing signs of dehydration and was concerned that she had lost her son.

She said that she had been on holiday in the local area for about a week and the pair were travelling by car, a silver Opel Astra.

A search was immediately mounted by the Guardia Civil who subsequently found the vehicle on Tuesday evening. On filing to find any sign of the young boy the Spanish Military were called in and the search was extended. The body of a five year old boy was eventually found on Friday.

Police are working on the theory that that the mother and child suffered an accident while hiking in the mountains and she left the boy behind while she went to seek help.

Temperatures in the region have soared to around 40 degrees Celsius (more than 100 degrees Fahrenheit) in recent days.

The boy's father arrived in Spain on Friday from Germany to identify the remains of his son. He had separated from the boy's mother several months ago.

What a sad story. I think I would be mentally unstable if I had had to leave my child behind to go for help and he had died. I wonder why they are charging her? Are they saying she was mentally unstable BEFORE she set out in the car.