What compensation will prisoners released from prison due to the ERE fraud be able to receive from the State?

Former senior officials of the Andalusian Government released from prison for the ERE case will be able to request a compensation to the State after the Constitutional Court (TC) has partially exonerated them of the crime of embezzlement that led them to prison. In the cases in which the TC’s guarantee body, controlled by judges elected at the proposal of the PSOE, has determined that The Supreme Court violated their presumption of innocence. They have the right to claim financial compensation. for each day of confinement.

These are the cases of the former general director of the IDEA agency, Miguel Angel Serranoor the former Innovation Minister Francisco Vallejoreleased after the rulings of the Constitutional Court, who have the right to such compensation as long as they file a petition.

The average compensation has been varying in the different resolutions of the Ministry of Justice and the courts. Currently, It is around 25 euros for each day that one has been unduly deprived of liberty.However, the amount may be increased depending on the length of time spent in prison, whether the accused has children, whether they are minors, or whether psychological damage has been proven.

Considering this amount, Serrano and Vallejo, who have spent one year and seven months in the Sevilla I prison serving their sentence for the ERE fraud, could opt for compensation of almost 14,000 euros for the 579 days they have spent sleeping in a cellIn the case of former Finance Minister Carmen Martínez Aguayo, who was granted third-level imprisonment at the beginning of June after a year and a half of imprisonment, she would be entitled to compensation of around 13,000 euros.

Distribution of 680 million euros

All of them were sentenced by the Provincial Court of Seville and the Supreme Court for participating in The irregular aid system of the Andalusian GovernmentAccording to the ruling ratified by the Supreme Court, the regional government, during the PSOE era, distributed, “outside of any control”, 680 million euros of public funds among companies in crisis.

The amount of compensation for wrongful imprisonment is “based on the length of time of deprivation of liberty and the personal and family consequences that have occurred,” according to the Supreme Court.

The right to claim compensation expires after one year from the day on which it could be exercised. To request it, The inmate has a period of twelve months from the date on which the acquittal judgment becomes final.The request must be submitted through the Ministry of Justice. The decision issued by the Ministry of Justice may be appealed against, or directly filed through an administrative appeal before the courts.

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