The Court of Seville gives Griñán ten days to voluntarily enter prison without waiting for pardon

Griñán and Manuel Chaves collect the personal requirements for the fulfillment of their disqualification sentences

SEVILLA, 15 Nov. (EUROPA PRESS) -

The First Section of the Seville Court has denied the requests for suspension of the prison sentence of the defenses of eight of the nine sentenced to prison in the sentence of the specific procedure for financing the fraudulent employment regulation files (ERE) and aid arbitrary to companies; including the former socialist president of the Junta de Andalucía José Antonio Griñán, sentenced to six years and two days in jail.

The First Section of the Court of Seville has thus resolved the petitions for suspension of the prison sentence promoted by the defenses of Griñán, the former Minister of Finance Carmen Martínez Aguayo, the former Minister of Innovation Francisco Vallejo, the former Minister of Employment and Technological Development José Antonio Viera, also the former Minister of Employment Antonio Fernández, the former Deputy Minister of Employment Agustín Barberá, the former director of the IDEA agency Miguel Ángel Serrano, the former General Director of Labor Juan Márquez and the former Deputy Minister of Innovation Jesús María Rodríguez Román.

Such petitions for the suspension of prison sentences mainly used the applications for partial pardon submitted by those convicted to the Ministry of Justice and the incidents of annulment filed before the Supreme Court, which, in their appeals against the initial conviction of the First Section of the Court, fully confirmed the aforementioned prison sentences except in the case of Juan Márquez, in respect of which it reduced the prison sentence from seven years and one day in prison to three years, upon appreciating the analogous mitigation of damage repair.

Apart from reducing Juan Márquez's prison sentence, the Supreme Court confirmed the remaining prison sentences, endorsing the six years and two days in prison imposed by the Seville Court on Griñán.

In this sense, the First Section of the Court admits in its new pronouncement "the lack of criminal records of those convicted", but on the other hand it points out "the seriousness and length of the sentences for which they have been convicted, which prevents the suspension of the execution of the sentence in all the forms included in article 80 and following of the Criminal Code, which is why all of them have requested the suspension of the execution while the pardon is processed".

"There is no circumstance that advises the suspension of the sentence due to a request for pardon", summarize the magistrates, who also point out, with respect to the incident of nullity raised before the Supreme by the defenses, that "in no way the presentation of the incident can give result in the suspension of the execution of prison sentences imposed in a final sentence", since this "would suppose a violation of the precepts that regulate the suspension of the execution of sentences and their effective fulfillment".

As the room underlines, "there is also no legal support for this court to delay the execution of the sentence, while the incident of nullity raised before the TS is resolved, and even less the precautionary suspension that the convicts intend and announce to request from the Constitutional Court ".

As for Márquez, sentenced to three years in prison, the court argues that "his situation is different, with the sentence being three and four years shorter than the rest, which, together with the lack of a criminal record and objective reasons that determined a quantitative penological reduction in the sentence issued by the TS, are circumstances to be taken into account so that it proceeds, for a prudential time of one year, to the suspension of the execution of the custodial sentence while the pardon is processed ".

As this new order is subject to appeal, the Court finally indicates that once "sign this resolution, the convicts are required to appear within ten days before the court, for their voluntary admission" to prison.

This order has been notified after the First Section of the Hearing, in parallel, had summoned for 11 am on Wednesday of this week the convicted José Salgueiro, former Deputy Minister of Economy and Finance; Magdalena Alvarez; former Minister of Economy and former Minister of Public Works; the former director general of the Agency for Innovation and Development of Andalusia (IDEA) Jacinto Cañete; the former president of the Board Manuel Chaves; the former Minister of the Presidency Gaspar Zarrías, the former Deputy Minister of the Presidency and former General Director of Budgets, Vicente Lozano, the former Deputy Minister of Employment Agustín Barberá; the former Treasury Minister Carmen Martínez Aguayo; the former director of IDEA Miguel Ángel Serrano Aguilar; the former Minister of Innovation Francisco Vallejo; the former Deputy Minister of Innovation Jesús María Rodríguez Román; the former regional president José Antonio Griñán, the former Minister of Employment and Technological Development José Antonio Viera, the former General Director of Labor and Social Security Juan Márquez and the former Minister of Employment Antonio Fernández.

The 15 mentioned convicts were summoned for Wednesday "for the fulfillment" of the different disqualification sentences imposed on them by the First Section of the Hearing.

However, most of them have collected this Tuesday morning the personal requirements related to the fulfillment of their disqualification sentences, after having requested the First Section of the Court to advance the collection of such documents to this day. Thus, 12 of those convicted, including former regional presidents José Antonio Griñán and Manuel Chaves, have collected their requirements this Tuesday.

Of the 15 defendants already listed, only Magdalena Álvarez, Gaspar Zarrías and Vicente Lozano Peña would be pending to collect their personal request to comply with the disqualification sentence, as sources from the TSJA have informed Europa Press.