The Prosecutor's Office is not opposed to suspending Griñán's prison sentence for "very serious and incurable illness"

SEVILLA, 21 Jun. (EUROPA PRESS) -

The Anti-Corruption Prosecutor's Office has stated that it is not opposed to suspending the prison sentence of the former socialist president of the Junta de Andalucía José Antonio Griñán, afflicted with prostate cancer and sentenced to six years and one day in prison for the specific procedure of financing the fraudulent employment regulation files (ERE), before the new report issued by the forensic doctor indicating that he suffers from "a very serious illness with incurable conditions" that makes his admission "inadvisable" to prison.

In a letter submitted this Wednesday to the First Section of the Seville Court and collected by Europa Press, prosecutors Juan Enrique Egocheaga Cabello and Manuel Fernández Guerra, delegates in Seville of the Special Prosecutor's Office against Corruption and Organized Crime, state that "in view of the report issued by the Institute of Legal Medicine, in which it indicates that the prisoner suffers from a very serious and incurable illness for the purposes of the provisions of article 80.4 of the Penal Code", they do not oppose the "application "of said article.

This article of the Penal Code literally provides that "judges and courts may grant the suspension of any sentence imposed without subjection to any requirement in the event that the prisoner is afflicted with a very serious illness with incurable conditions."

In the aforementioned forensic medical report, the specialist who authored it determined that the "very serious illness with incurable conditions" suffered by the former socialist president of the Junta de Andalucía falls "in the terms established in article 80.4 of the Penal Code".

In his document, issued after the First Section of the Court urged him to issue "the requested report" a few days ago, specifying his previous ruling on whether Griñán can continue his treatment for prostate cancer in prison, "without that it is appropriate to request the documentation of each of the medical reviews; the forensic doctor states that "it is appropriate to reiterate what has already been said in previous reports"; since in her previous document she indicated that the cancer treatment suffered by Griñán needs "close monitoring" and insisted that this is "not very compatible with life in prison."

Given this, let us remember, the First Section of the Hearing had asked the forensic doctor for a new report to definitively determine if it is possible for the former socialist president of the Board to continue his medical treatment in prison, realizing after that she had "requested a new documentation of the last review by the Oncology service and, where appropriate, urology report"; after which the Court required "the requested report, whose purpose was not to make a new report, but to specify some points" of its previous pronouncement, "in order to decide on the suspension of the sentence" requested by Griñán's defense for his prostate cancer.

In this sense, the First Section of the Hearing specified that the forensic doctor responsible for this case "cannot request the medical documentation of each of the reviews that are carried out on the prisoner, because given the disease he suffers and the continuous reviews of the that will be submitted, this would prevent the court from deciding on the suspension of the sentence", a decision that, as the Court well remembered, "was already postponed until the radiotherapy sessions were concluded", an end that has already occurred.

In this sense, the forensic doctor defends in her new report that she had not requested documentation of each of Griñán's medical examinations, but "exclusively the result of the medical examination" of June 6 in Oncology.

WITHOUT THE CANCER "HAVING REMITTED"

In any case, the forensic doctor states in her new document that Griñán suffers from "a very serious illness" and the fact that she has finished the radiotherapy sessions "does not mean that the cancer has remitted", with which "there are no medical criteria that allow us to talk about remission of cancer, an incurable disease"; extreme that according to reiterates the coroner "again makes clear the difficulty of maintaining a prison dynamic".

The coroner adds that regarding "the possibility of reconciling admission to prison with medical treatment", in her report dated May 28 she already gave "sufficient response, recalling that it is the prison itself that has recorded the problems that are being raised." for the transfer to the reference hospital of the convicts, with the treatments generally being outsourced".

According to the forensic doctor, in a case like this, beyond "medical care in prison", it is necessary "to avoid, among other things, the danger of infections in people with a depressed immune system and that can pose vital risks due to age and own disease", concluding that Griñán "is afflicted with a very serious illness with incurable conditions in the terms established in article 80.4 of the Criminal Code, without prejudice to the considerations that are added in this report, which make his admission to a hospital inadvisable. penitentiary center".