The Court asks Griñán to provide "all the medical reports" in five days for a new recognition

SEVILLA, 21 Mar. (EUROPA PRESS) -

The Court of Seville has requested the former socialist president of the Junta de Andalucía José Antonio Griñán, sentenced to six years and one day in prison for the specific procedure for financing fraudulent employment regulation files (ERE), that within a period of five days, provide "all the medical reports available in order to proceed to a new medical examination by the Institute of Legal Medicine (IML)", all this to resolve whether the former president can be treated in prison for prostate cancer that suffers and who alleges to claim the suspension of his prison sentence.

This is how it appears in a new order issued by the First Section of the Court of Seville and disseminated by the Communication Office of the Superior Court of Justice of Andalusia (TSJA).

This, after the Court recently gave an account of the documentation issued by the Seville Penitentiary Center after being requested in January a report "on the possibility of treatment" in prison for prostate cancer alleged by the former Andalusian president to request the suspension of his prison sentence.

In its report, the Seville Penitentiary Center stated that for "specialized" medical care, it has an agreement with the Andalusian Health Service (SAS) to refer incarcerated patients to the "specialized services" of the Macarena and Virgen del Rocío hospitals, including in the agreed "comprehensive care process" "therapeutic procedures such as chemotherapy or radiotherapy sessions", among other aspects

In view of this, the Anti-Corruption Prosecutor's Office had requested the Court to request from the representation of Griñán "updated medical information on diagnosis and treatment" of the prostate cancer that he suffers, in order for the medical services of the penitentiary center to "ratify or modify" in turn "the conclusions contained in their report" of March 8 on the possibility of treating him in prison and, "in particular, on the possibility of treatment within the framework of collaboration described with the SAS according to their experience with inmates with similar conditions".

Let us remember that on January 13, the Court agreed to postpone its decision on whether or not to imprison the former socialist president "until the end of the radiotherapy sessions" of the treatment that had begun then thanks to the prostate cancer that has been diagnosed.

This, given the forensic report prepared by the Institute of Legal Medicine (IML) of Seville on said sudden serious illness put forward by the former Andalusian president in demand for the suspension as such of his imprisonment.

Said report recognizes that "it is a very serious illness" for which, "given the prognosis issued, there are possibilities of cure", although as the treatment prescribed to Griñán had not yet advanced in the form of medication and radiotherapy, the Institute of Legal Medicine specified that it was not yet possible to determine "what will be its health evolution", in a framework in which cancer treatment is currently "effective in a high percentage of cases except for very aggressive ones" or in the terminal phase.

The Institute of Legal Medicine of Seville reasoned, in this sense, that entering prison "does not help to face a disease of this entity, which requires all the available resources available to the person", such as "family support and necessary and even essential in these cases".

The report would also highlight that although the health services of penitentiary institutions are capable of facing "any medical demand", the consideration that "possible side effects in hormonal and radiotherapy treatment, as well as frequent check-ups, seem incompatible with prison dynamics.

To this end, the report concluded "the inadvisability of his admission to a penitentiary center until the remission of his oncological pathology is confirmed."

Given this document, the Anti-Corruption Prosecutor's Office was committed to suspending his imprisonment until it had "a more precise report on the origin" or not of the imprisonment, also requesting that once a "new report by the IML is issued, the report of the prison medical services of the Center of Seville" on the advisability or not of the entry into prison of the former president, which would be the documentation now provided.

The Andalusian PP, which exercises the private prosecution in this case, advocated on its side for "a postponement of imprisonment until, at the appropriate time, the prisoner is reviewed again by the forensic doctor, formulating a new report, as well as that the additional report of the penitentiary medical services be prepared".

After that, and in the order of January 13, the First Section of the Hearing indicated that, in view of the forensic medical report, "from which it is clear that it is not appropriate for the prisoner to enter the prison, the postponement of the execution of the sentence until the prisoner completes the radiotherapy sessions", thus agreeing to the subsidiary request of the defense of Griñán, who had requested the suspension of the sentence as such under article 80.4 of the Criminal Code, which provides that judges and courts may grant the suspension of any sentence imposed without being subject to any requirement in the event that the prisoner is afflicted with a very serious illness with incurable conditions.

Secondarily, he had requested the postponement of his imprisonment, since he considers that the prescribed treatment for the disease he suffers cannot be adequately carried out by the medical services of the penitentiary center.

And all this, adds the court, "given the inconveniences and risks that treatment from the penitentiary center could entail, both from the point of view of the disease and the dynamics of the penitentiary center itself", indicating that, once the treatment, "must be recognized again by the forensic doctor, who, after having received the treatment, will be able to assess again, with more data, the convenience and possibility of his admission to the penitentiary center, extreme that at this moment and given that the disease is in its initial state cannot be predicted".

In this sense, the First Section of the Hearing also agreed that a report be obtained from the health services of the penitentiary center "on the possibility of treating the disease in said center."

Once all of the above has been verified, the court will decide on the suspension requested by the defense of the former president of the Junta de Andalucía under article 80.4 of the Penal Code, which, as has been indicated, regulates the suspension of any sentence imposed without being subject to any requirement. in the event that the prisoner is suffering from a very serious illness with incurable conditions.