The Prosecutor's Office achieves 83% of convictions in its actions for crimes against the Treasury and Social Security

In 2022 it investigated 234 economic crimes and presented 290 indictments, but complains about the "worrying delay" in these cases

MADRID, 7 Sep. (EUROPA PRESS) -

The Prosecutor's Office has a conviction rate of 83% in crimes against the Treasury, Social Security and subsidy fraud, although it complains about the "worrying delay" in the processing of these cases. In 2022, a total of 234 pre-trial investigation proceedings were opened for these economic crimes and 290 indictments were presented, according to the Report of the State Attorney General's Office.

These crimes are those that are committed for defrauding and causing patrimonial damage through deception (by action or omission) for an amount greater than 120,000 euros. It was in crimes against the Public Treasury in which the Public Prosecutor opened a greater number of proceedings, up to 162, while it made 146 indictments

For its part, the Prosecutor's Office began 45 investigations for crimes against Social Security, while it issued 134 indictments. Finally, the number of proceedings for subsidy fraud totaled 27 in 2022, while the indictments were 10.

The total of sentences handed down in the first and second instance for crimes within the specialty reported by the delegated prosecutors amounts to 294, with a percentage of convictions of 82.99%. This also includes crimes whose investigation began in previous years.

It is also stated that, in line with previous years, the Tax Agency has generalized the settlements linked to crime, in the form of a total of 165 files for crimes against the Treasury that it sent to the Public Prosecutor's Office, a total of 134 they went with said liquidation.

These data cannot be compared with those of the previous year since the figures were not published then. This is because there is no uniformity in their computer records, and that is why this year the Ministry has decided to publish only data on crimes against the Treasury, Social Security and subsidy fraud.

Of course, from reading all the provincial reports it is clear that it is crimes against the Public Treasury and Social Security that bring together most of the activity of the specialized sections of economic crimes.

The Prosecutor's Office warns of a "worrying delay" in the processing of these cases, which is a consequence on the one hand of their complexity, and on the other hand of the "alarming accumulation of procedures" and the lack of specialization in the matter that the bodies have. judicial.

With this panorama, the Prosecutor's Office has indicated that "it would be desirable" to reinforce the staff of the specialized sections, guaranteeing their maximum dedication to these causes and providing them with the necessary technical and coordination support.

Also in the field of training, it proposes increasing activities in initial and continuing training, which address not only criminal aspects, but also administrative, economic or commercial aspects. In this area, the Ministry considers of "great interest" the training activities that are carried out jointly with the rest of the administrations involved in the matter.

Among the most notable activities, the Ministry highlights the complaint and judicial procedure regarding a fraud of Social Security benefits in Cádiz of which 70 people who simulated work registrations and leave were illegal beneficiaries to improperly obtain unemployment benefits from the general regime and the system. special of agricultural employed workers.

Without leaving Andalusia, the Prosecutor's Office highlights the alleged crimes of misappropriation and unfair administration of the Malaga soccer team, as well as another crime of Social Security fraud in Córdoba with "very many" investigated and some 470 fictitious workers who have led to form more than 300 separate pieces to enable the prosecution of the facts.

In Barcelona, ​​the report highlights the indictment against a "world-known" artist for a total of six crimes against the Public Treasury, in reference to Shakira. The accusatory thesis of the Public Prosecutor's Office and the State Attorney's Office is based on the use by the accused of a corporate framework located abroad to channel her income and assets and not the declaration or income in Spain for such taxes, despite be habitual and tax resident in our country.

On the other hand, the Provincial Prosecutor's Office of Alicante reviews the oral trial against 21 natural persons and 16 legal entities for using a network of companies controlled by persons of Chinese nationality who acted in the footwear sales sector.

For its part, the Valencia Prosecutor's Office reports on the complaint filed that derives from the proceedings of a pre-procedural investigation for the crime of fraud in Social Security contributions, with an amount defrauded that amounts to more than two million euros. The company involved, dedicated to providing home caregivers and with a high number of workers in Spain, improperly paid contributions for its workers as if they were self-employed when, in reality, they were employed workers.