The Constitutional Court partially annuls the sentences of four former senior officials convicted in the ERE case

The Constitutional Court partially annuls the sentences of four former senior officials convicted in the ERE case
The Constitutional Court partially annuls the sentences of four former senior officials convicted in the ERE case

The Plenary Session of the Constitutional Court has partially upheld the appeal for protection filed by Antonio Fernandez Garciaformer Employment Councillor, against the rulings of the Provincial Court of Seville and the Criminal Division of the Supreme Court which convicted him of a crime of prevarication in conjunction with a crime of embezzlement, to a sentence of seven years and 11 months and one day in prison, with accessories and absolute disqualification for 19 years, six months and one day, with accessories.

The Court declares that it has his right to criminal legality was partially violated but rejects that his rights to the presumption of innocence and effective judicial protection have been violated. Therefore, the sentence orders roll back the proceedings to the Provincial Court of Seville to issue a new ruling.

The sentence has the dissenting votes of the magistrates Ricardo Enríquez Sancho, Enrique Arnaldo Alcubilla and César Tolosa Tribiño and the magistrate Concepción Espejel Jorquera. It is expected that the new sentence handed down by the Provincial Court of Seville significantly reduce your sentence.

It has also partially estimated the appeals for protection filed by Francisco Vallejo Serranoformer Innovation Councilor; Jesus Maria Rodriguez Roman, former Deputy Minister of Innovation; and Carmen Martinez Aguayoformer Minister of Economy and Finance, against the rulings of the Provincial Court of Seville and the Criminal Division of the Supreme Court. In all three cases, the rulings order the proceedings to be returned to the Provincial Court of Seville.

In this case, the sentences have the dissenting votes of the magistrates Ricardo Enríquez Sancho, Enrique Arnaldo Alcubilla and César Tolosa Tribiño and the magistrate Concepción Espejel Jorquera. For her part, the magistrate Maria Luisa Segoviano announces her dissenting vote concurrent in the appeals for protection of Vallejo Serrano and Rodríguez Román.

As regards the crime of embezzlement (art. 432 CP), the judgment states, based on the same reasons just stated, that the court rulings have also made an unforeseeable interpretation of art. 432 which is detrimental to art. 25.1 CE (right to criminal legality) in relation to the proven facts that refer globally to the form of management of social and labour aid and companies in crisis. According to the Court, action against legem is not required, “that is, an obligation to act to prevent the realization of acts that are expressly covered by the budget laws in force”.

 
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