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The sentence of the ERE is three years old and in the execution phase and with a request from Griñán for a new term

The Court of Seville has dismissed the requests for suspension of prison sentences except in the case of Juan Márquez.

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The sentence of the ERE is three years old and in the execution phase and with a request from Griñán for a new term

The Court of Seville has dismissed the requests for suspension of prison sentences except in the case of Juan Márquez

SEVILLA, 19 Nov. (EUROPA PRESS) -

This Saturday, November 19, marks the third anniversary of the notification of the judgment of the First Section of the Court of Seville corresponding to the specific procedure for financing early retirement in fraudulent or unnecessary employment regulation files (ERE) and direct and arbitrary aid. to companies; with the aforementioned resolution already in the execution phase, especially in relation to the prison sentences that weigh on defendants such as the former socialist president of the Junta José Antonio Griñán.

The aforementioned sentence, of 1,821 pages, sentences the former president of the Junta de Andalucía José Antonio Griñán to six years and two days in jail and 15 years and two days of special disqualification for continued embezzlement and prevarication, while his predecessor in office, Manuel Chaves, was sentenced to nine years of special disqualification for prevarication.

For his part, the former Minister of Employment Antonio Fernández was sentenced to 7 years, 11 months and one day in prison and absolute disqualification for 19 years, 6 months and one day for a continuous crime of prevarication in medial competition with another continuous one of embezzlement, while the former councilors José Antonio Viera (Employment) and Francisco Vallejo (Innovation) were each sentenced to 7 years and one day in prison and absolute disqualification for a period of 18 years and one day, in both cases for a continuous crime of prevarication in medial contest with a continued one of embezzlement.

Former Minister of Finance Carmen Martínez Aguayo was sentenced to six years and two days in prison and 15 years and two days of absolute disqualification for a continued crime of prevarication in medial competition with a continued one of embezzlement, while the former Minister of the Presidency Gaspar Zarrías and the former Minister of Economy and Finance Magdalena Álvarez were sentenced to nine years of special disqualification for a continued crime of prevarication in both cases.

The former Director General of Labor and Social Security Francisco Javier Guerrero was sentenced to 7 years, 11 months and one day in jail and 19 years, six months and one day of absolute disqualification for a continued crime of prevarication in medial contest with a continued crime of embezzlement .

Juan Márquez, also former General Director of Labor and Guerrero's successor, was sentenced to 7 years and one day in prison and 18 years and one day of absolute disqualification for the same assumptions, while the former Deputy Minister of Employment Agustín Barberá was sentenced to seven years. and one day in prison, and 18 years and one day of absolute disqualification, for a continued crime of prevarication in medial competition with a continued crime of embezzlement.

Similarly, the former Vice Minister of Innovation Jesús María Rodríguez was sentenced to six years and two days in prison and 15 years and two days of absolute disqualification for a continuous crime of prevarication in medial competition with another continued embezzlement and, in parallel, the former general director of Economy and Finance José Salgueiro and the former general director of Budgets Antonio Vicente Lozano were each sentenced to 9 years of special disqualification for a continued crime of prevarication in both cases.

The former general director of IFA/IDEA, Miguel Ángel Serrano, was also sentenced to a sentence of six years, six months and one day in prison and absolute disqualification, for a continued crime of prevarication in medial competition with a continued crime of embezzlement, weighing the fact that only two of the 21 defendants were fully acquitted, specifically the former General Comptroller of the Junta Manuel Gómez and the former head of the Legal Cabinet Francisco del Río.

In October 2020, shortly before the first anniversary of the notification of this sentence, the former General Director of Labor Francisco Javier Guerrero died of pneumonia and already in January of this year 2022, the former Minister Antonio Fernández and the former General Director of Labor Juan Márquez were sentenced to seven years and one day in jail and four years and one day in prison, respectively, for the regional subsidies granted to the company Dos Hermanas Aceitunas y Conservas (Acyco), a separate piece of this macro cause.

Already in July of this year, the Supreme Court announced the result of its ruling regarding the appeals filed against the initial ruling of the First Section of the Seville Court, notifying the same in September.

Specifically, the Supreme Court agreed to acquit three technical general secretaries of the Board initially convicted, to reduce Juan Márquez's prison sentence from seven years and one day in prison to only three years, by appreciating the analogical mitigation of reparation for the damage; and maintain the rest of the sentences, including six years and two days in prison for José Antonio Griñán.

In the judgment of the Supreme Court, of course, the particular vote of two magistrates of the five members that made up the court weighs, who differentiated, in relation to the crime of embezzlement, from which prison sentences start, among those who were part of the Ministry of Employment, where they discharge the responsibility for the embezzlement, and those who intervened in the budget process but without knowing or directly participating in the final distribution of the funds.

Thus, they considered that in the case of the five defendants sentenced to jail and outside the Ministry of Employment, including Griñán, the crime of embezzlement attributed "does not cover the subjective typicity that it requires, that is, fraud, not even in the modality of eventual fraud that was appreciated by the Court of Seville".

Given this, the nine defendants sentenced to prison, since Francisco Javier Guerrero died in October 2020, have requested partial pardons from the Government and have formulated motions for annulment against the Supreme Court ruling, requesting the suspension of prison sentences until they are resolved. such extremes.

However, the First Section of the Court has dismissed their requests for suspension of prison sentences except in the case of Juan Márquez, whose "situation is different, with the sentence being three and four years less than that of the rest, which together with the lack of criminal record and objective reasons that determined a quantitative penological reduction in the sentence handed down by the Supreme Court, 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 imprisonment while the pardon is being processed," according to the court order.

In said order, the First Section of the Hearing indicated that once it is signed, those sentenced to jail will be required "to appear within ten days before the courtroom, for their voluntary entry" into prison.

However, Griñán's defense has filed an appeal before this order, requesting to extend "to three months" the aforementioned period of voluntary entry into prison, alleging that "if the partial pardon were granted or the nullity question was upheld by the who is interested in reducing the sentence to two years, the imprisonment that is ordered would be unsuccessful, improper or inadmissible, that is, unnecessary".

In parallel, the 15 convicted already have the personal requirements in relation to the execution of their disqualification sentences, most of them collecting the document in the Hearing.

Keywords:
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